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Does a Custody Evaluation expire?

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quincy

Senior Member
I could not find a state name mentioned other than Kentucky. Here is a link to cases addressing awards of attorney fees in Kentucky (includes family law cases):

https://lawreader.com/?p=15402
As a note: What I find "rude" is someone who criticizes the one who points out an incorrect statement instead of accepting the correction and admitting their error.
 
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_HappyDad_

Active Member
Thanks for all the input, everyone.

My EX and I both have good jobs, and we can afford the fees.

I want to discourage her from always going to court in the future. Her Trial testimony had no evidence to back up her claims. She has no idea how any of this works; and, it’s widely known her attorney likes to churn fees.
 

quincy

Senior Member
Thanks for all the input, everyone.

My EX and I both have good jobs, and we can afford the fees.

I want to discourage her from always going to court in the future. Her Trial testimony had no evidence to back up her claims. She has no idea how any of this works; and, it’s widely known her attorney likes to churn fees.
You can request attorney fees.
 

not2cleverRed

Obvious Observer
Perhaps in a divorce case, but I disagree with you otherwise. Rarely, if ever, are attorney fees awarded in ongoing custody cases unless there are frivolous issues involved. And in this case, clearly the other party does not have a greater ability to pay than the OP, so that is a mute point here.

Plus, I do you (and everyone else here) the courtesy of using the terms "incorrect" or "mistaken" when I believe that you are wrong. I am not rude enough to use the word "false". Its too bad you do not give others the same courtesy.
I have found quincy to consistently be one of the more polite seniors here.
 

_HappyDad_

Active Member
Here's a child support question based on the Judge's ruling:

We had Temporary Orders issued in November 2017. I was not able to include my child care costs in the Temporary Orders. My EX moved out two days before the Temporary Orders hearing, so I did not yet pay a child care provider. We reached our Temp Orders by Agreement (50/50). The Child Support worksheet was filled out, and I was calculated to pay $325 in child support, as well as $375 to my EX for her child care costs. (65/35 split based on income shares). She claimed $606 per month in child care costs.

I Motioned to Amend the Agreed Orders in March 2018 since she would not agree to recognize my child care costs, and the Judge then ruled that the EX was to pay 35% of my child care. Now, instead of paying my EX $700 (325+375), I paid her one check for $325, and another check reflecting the difference in our child care costs. This amount was usually around $150.

The Judge's ruling at our Trial last month now says that there was no evidence to show a change in circumstance for the Childs expenses, and that the $700 in child support shall not change. Another part of the orders state that the parties are to exchange proof of child care costs, and we are to reimburse each other on a 65/35 split.

So, from what I am reading, it looks like I'm supposed to pay my EX twice for her child care-- $375 from the Temporary Orders calculation, and then again from the exchanging of child care costs each month. My EX's child care costs have somehow increased, so now that difference will be closer to $300, up from $150.

My EX filed a Motion to Vacate the Jude's ruling, and we have our Hearing in two weeks. I asked my attorney to seek some type of clarification on this during the Hearing.

Any advice on how to handle this in the mean time? Last month I just paid my EX like I have for the past two years-- one check for $325, and another for the difference in child care. I did not pay the extra $375, since that support order was Amended.
 

Ohiogal

Queen Bee
Perhaps in a divorce case, but I disagree with you otherwise. Rarely, if ever, are attorney fees awarded in ongoing custody cases unless there are frivolous issues involved. And in this case, clearly the other party does not have a greater ability to pay than the OP, so that is a mute point here.

Plus, I do you (and everyone else here) the courtesy of using the terms "incorrect" or "mistaken" when I believe that you are wrong. I am not rude enough to use the word "false". Its too bad you do not give others the same courtesy.
Bull. You are wrong. You are false and you have been have rude to many here. Try to research before posting.
 

LdiJ

Senior Member
Here's a child support question based on the Judge's ruling:

We had Temporary Orders issued in November 2017. I was not able to include my child care costs in the Temporary Orders. My EX moved out two days before the Temporary Orders hearing, so I did not yet pay a child care provider. We reached our Temp Orders by Agreement (50/50). The Child Support worksheet was filled out, and I was calculated to pay $325 in child support, as well as $375 to my EX for her child care costs. (65/35 split based on income shares). She claimed $606 per month in child care costs.

I Motioned to Amend the Agreed Orders in March 2018 since she would not agree to recognize my child care costs, and the Judge then ruled that the EX was to pay 35% of my child care. Now, instead of paying my EX $700 (325+375), I paid her one check for $325, and another check reflecting the difference in our child care costs. This amount was usually around $150.

The Judge's ruling at our Trial last month now says that there was no evidence to show a change in circumstance for the Childs expenses, and that the $700 in child support shall not change. Another part of the orders state that the parties are to exchange proof of child care costs, and we are to reimburse each other on a 65/35 split.

So, from what I am reading, it looks like I'm supposed to pay my EX twice for her child care-- $375 from the Temporary Orders calculation, and then again from the exchanging of child care costs each month. My EX's child care costs have somehow increased, so now that difference will be closer to $300, up from $150.

My EX filed a Motion to Vacate the Jude's ruling, and we have our Hearing in two weeks. I asked my attorney to seek some type of clarification on this during the Hearing.

Any advice on how to handle this in the mean time? Last month I just paid my EX like I have for the past two years-- one check for $325, and another for the difference in child care. I did not pay the extra $375, since that support order was Amended.
This is not legal advice, but its practical advice that you might want to do a little research about. Many daycares, whether formal or in home daycares are unable to accommodate a 50/50 schedule and therefore you have to pay for full time care even if you are only there on a part time basis. It has to do with the number of children that the provider is allowed to care for. They cannot afford to leave a slot empty 1/2 of the time.

Therefore mom may very well be paying for full time care even though she is only using it part time. Therefore, its possible that you could utilize the same provider with no additional expense. Its at least worth looking into. It may not be the case with mom's provider, but if it is, it could save you both some money.
 

_HappyDad_

Active Member
This is not legal advice, but its practical advice that you might want to do a little research about. Many daycares, whether formal or in home daycares are unable to accommodate a 50/50 schedule and therefore you have to pay for full time care even if you are only there on a part time basis. It has to do with the number of children that the provider is allowed to care for. They cannot afford to leave a slot empty 1/2 of the time.

Therefore mom may very well be paying for full time care even though she is only using it part time. Therefore, its possible that you could utilize the same provider with no additional expense. Its at least worth looking into. It may not be the case with mom's provider, but if it is, it could save you both some money.
My EX uses her step-mother as her day care provider.

We both use family.
 

_HappyDad_

Active Member
Then why are there childcare costs at all?
Exactly.

While I try to steer away from trashing my EX, she is a little "off". She cannot handle not getting her way. Her own Mom came to my house after my EX moved out. Her mom went on and on about this very thing. I just sat there with my mouth shut. I was amazed. Her own Mother.

I tried two times in Court to have us each pay our own costs. But, child care is on the Child Support worksheet. And, our Judge goes by the Law, all of the time.
 

LdiJ

Senior Member
Then why are there childcare costs at all?
Even family generally expects to be paid something. Committing to providing full time child care can be a very restricted lifestyle. Most people are unwilling to do it completely for free.
 

LdiJ

Senior Member
Exactly.

While I try to steer away from trashing my EX, she is a little "off". She cannot handle not getting her way. Her own Mom came to my house after my EX moved out. Her mom went on and on about this very thing. I just sat there with my mouth shut. I was amazed. Her own Mother.

I tried two times in Court to have us each pay our own costs. But, child care is on the Child Support worksheet. And, our Judge goes by the Law, all of the time.
You said that child care is provided on both sides for family, and you are paying the family on your side, so its a little hypocritical of you to say "exactly" as an answer to that question.
 
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