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child support vs visitation

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cat7888

Guest
What is the name of your state? IN Now, FL previous

yes, visitation and CS are two different things.. but they do overlap sometimes. I moved out of state - IN.. we drafted a modification agreement.. between us, not with the court, I pay for the kids to visit him (or him to come here) and he pays reduced CS. He changed jobs, sold house. moved and moved back. not working for 8 months. has not paid CS for over a year. My patience is waning and I want to go to court to adress the CS issue. His salary went from 30k to $8 an hour. he says I am unfair and should trust him to pay up when he gets a raise. Then he says .. I don't see the kids, why should I pay. Now explain to me why I should buy 2 plane tickets when I receive nothing from him. and BTW - the last time I sent them to FL, they stayed with their grandparents for TWO WEEKS, and he saw them once for lunch. Staying with him was not an option as he was "staying with someone" and the girls did not want to anyway.. So am I unfair to not send them to FL as we agreed? and am I wrong to go and legaly modify the CS and arrears, and get it taken out of his check instead of sending it to me as he agreed, and is not?

My intent is not to send him to the poor house, nor to take all of his paycheck.. just to get him him to realize that even though there is a stepdad, he is still reponsible for his girls. he needs to act like a dad.
 


haiku

Senior Member
Verbal agreements can be great if both parties get along but if you don't you must abide by the original agreement.

whatever is court ordered you must abide by. So that means whatever you are responsible for to get your girls to fl. is what you must do, the rest is up to him as to whether or not he wants to utilize his visits.

As far as support goes, if he is behind or in arrears, you have a right to take him to court, and if it hasbeen a while since financials have been reviewed then they should, and support should be redone to reflect those figures.
 
C

cat7888

Guest
more info

original CS court ordered was $500/m 1998. less than guidelines. payable to me, not thru CSE. nothing in Divorce decree said anything about relocation. To avoid Hassle with ex, when I wanted to relocate in 2001, we drafted and both signed a visitation schedule and an agreement to reduce support to $250/m. this was not filed in the court. So there is nothing filed with the court as to me moving, or as to the reduced CS or to the visitation.. other than the original visitation :standard guidlines" verabage that was used.
 

haiku

Senior Member
OK than whatever your original order says GO'S!

And for example that means if it says he is to pick up kids in Tampa, (and you are in Gary) technically YOU are supposed to have the kids in tampa!

I would think with all the upset this is now causing you need to go to court and modify. And work out financials on both of you, and a new transport schedule, and FILE WITH THE COURT.
good luck to you!:)
 

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