change of venue and modifications

[UNwickedstepmom]

What is the name of your state? -California-

I have recently married a divorced dad. He and his ex have joint legal custody although she has primary physical custody. We have his son 30% of the time and my husband pays court ordered CS. She told him two days before our wedding that she wanted a modification because “everything needed to be fair”. From what I’ve read here, my income doesn’t really play into the big picture aside from the possibility of making more of my husband’s income “available”. She also wants a change of venue because she has moved further away (also a bit of a hard ship on us) to a different county. My husband drives almost an hour to drop off/pick up/drop off his son, while she only drops him off once every two weeks. In addition to this, the original court order has us down for 20% of the time, and shared medical costs. We currently provide 100% insurance/medical/dental for my step son. My question (finally ) is why do you think she is doing this? What is there to gain? Is there something I don’t know? What should I do? Please help!What is the name of your state?

 

[ceara19]

What is the name of your state? -California-

I have recently married a divorced dad. He and his ex have joint legal custody although she has primary physical custody. We have his son 30% of the time and my husband pays court ordered CS. She told him two days before our wedding that she wanted a modification because “everything needed to be fair”. From what I’ve read here, my income doesn’t really play into the big picture aside from the possibility of making more of my husband’s income “available”. She also wants a change of venue because she has moved further away (also a bit of a hard ship on us) to a different county. My husband drives almost an hour to drop off/pick up/drop off his son, while she only drops him off once every two weeks. In addition to this, the original court order has us down for 20% of the time, and shared medical costs. We currently provide 100% insurance/medical/dental for my step son. My question (finally ) is why do you think she is doing this? What is there to gain? Is there something I don’t know? What should I do? Please help!What is the name of your state?

There's not enough information about the original case to answer any of the questions except "What should I do?". The answer to that one is easy. You really need to stay as far out of the situation as possible.

Even though I really believe that you have only the best intentions at heart and that you are not trying to just "butt in" (as is the case MANY times), step parents that "insert" themselves into the legal matters, generally aren't looked upon kindly by the judge. The fact that you are newly married makes it APPEAR even worse.

If your lucky, IAAL may be along soon. He can seem a bit "harsh", but he knows California law inside and out.

 

[frylover]

My response:

Did she happen to say, explain, or define, what she meant by "everything needed to be fair”?

The only thing that I can gather from your post that "may" be a possibility is that she thinks (and incorrectly so, except under very rare circumstances) that your income will play a part in making things "fair."

So, unless you can answer my question, above, I really can't help you.

IAAL

Nice name!

 

[UNwickedstepmom]

Thank you for all of your comments. No, I don’t know what she means by things needing to be “fair”. I assume that she doesn’t yet realize my money won’t make that much of a difference. I WILL however try not to butt in anywhere. I do not want to get on the bad side of any judge. If I get more information I’ll come back and beg for more advice.