Going for a motion for 5 things after almost 2 yrs

[wikiricki]

NJ

I got divorced on May 18th 2009 and I was not awarded the parent with primary physical custody even though we share parenting time 50/50. Anyway when we signed the order I was to take the kids to and from school on my days and the ex was supposed to take them to and from school on his days. Now we lived 10 minutes from each other and he was still in the marital home. My daughter was going to start Kindergarten that year in the town where the home was. So he pulls a fast one on me and calls me a week before he is going to move an hour away from me now and enroll my oldest daughter in Kindergarten an hour drive from my house (in the same state) but

I had a lawyer who told me "you can't do anything about it, he can move where ever in NJ he wants to so I figured that I couldn't file a motion to change it to be fair on me time-wise and financially until I called another attorney who said that I could and would probably win the splitting of the driving especially since he was the one who moved away I am going to offer

I ended up being ordered to pay $275.00 in child support impeded income because although I have a B.S. degree I wasn't working I hadn't used the degree in almost 10 years so that I was ordered to pay child support when I split half of the food clothing etc. and everything else besides health insurance which is less than half of $275.00

The only other thing is that I just recently got awarded SSI for $493.55/mo beginning in july. I found a website online that stated the case for Burns vs. Edwards jr. that found in a ruling that SSI benefits were not able to be used as income when calculated child support. So I also asked for:

1. Even out the driving so that it is fair financially and distance wise. Why should i have to ride an hour each way four times a day and spend all of that gas money when he moved? I think that is a no brainer.

2. For primary physical support of my two daughters
Reason: I can put them on my Medicaid card insurance which has
dental benefits which my exe's doesn't also , no copays and
prescription plan with no copays. This will really save my ex money by putting them on my medicaid insurance plan.
3. $reduction to 0.00 based on burns vs. edwards jr. which says when you are only getting ssi disabilitiy it isn't calculated in your income toward your child support payments
4. Asked for child support payments be calculated from him if I am granted primary physical custody

Meanwhile this guy is such a scumbag to actually collect child support from his ex wife who is disabled with lupus and kidney disease and he owns his own business yet what a man!

Anyway what do you about my chances to actually walk away with primary custody and child support payments from him? I'm going to wave an oral argument and all of the facts are correct. I guess he can respond written one time and then it goes before a judge? I told him that if he didn't agree to split the driving fairly they rest of the case wouldn't bode well for him because I felt that the judge would look at him like he is unfair and possibly give me a ruling in my favor. I am filing it tomorrow for early Dec. I tried to work it out with him today and he didn't want to work on it so oh well, I guess the judge will decide. I can't see a judge make a woman with her only source of income be $500.00 /mo continue to pay $275.00 in child support whom she cares for half the time and buys half the stuff for them.

Thanks in advance. -Jrsytomato

 

[Proserpina]

NJ

I got divorced on May 18th 2009 and I was not awarded the parent with primary physical custody even though we share parenting time 50/50. Anyway when we signed the order I was to take the kids to and from school on my days and the ex was supposed to take them to and from school on his days. Now we lived 10 minutes from each other and he was still in the marital home. My daughter was going to start Kindergarten that year in the town where the home was. So he pulls a fast one on me and calls me a week before he is going to move an hour away from me now and enroll my oldest daughter in Kindergarten an hour drive from my house (in the same state) but

I had a lawyer who told me "you can't do anything about it, he can move where ever in NJ he wants to so I figured that I couldn't file a motion to change it to be fair on me time-wise and financially until I called another attorney who said that I could and would probably win the splitting of the driving especially since he was the one who moved away I am going to offer

I ended up being ordered to pay $275.00 in child support impeded income because although I have a B.S. degree I wasn't working I hadn't used the degree in almost 10 years so that I was ordered to pay child support when I split half of the food clothing etc. and everything else besides health insurance which is less than half of $275.00

The only other thing is that I just recently got awarded SSI for $493.55/mo beginning in july. I found a website online that stated the case for Burns vs. Edwards jr. that found in a ruling that SSI benefits were not able to be used as income when calculated child support. So I also asked for:

1. Even out the driving so that it is fair financially and distance wise. Why should i have to ride an hour each way four times a day and spend all of that gas money when he moved? I think that is a no brainer.

2. For primary physical support of my two daughters
Reason: I can put them on my Medicaid card insurance which has
dental benefits which my exe's doesn't also , no copays and
prescription plan with no copays. This will really save my ex money by putting them on my medicaid insurance plan.
3. $reduction to 0.00 based on burns vs. edwards jr. which says when you are only getting ssi disabilitiy it isn't calculated in your income toward your child support payments
4. Asked for child support payments be calculated from him if I am granted primary physical custody

Meanwhile this guy is such a scumbag to actually collect child support from his ex wife who is disabled with lupus and kidney disease and he owns his own business yet what a man!

Anyway what do you about my chances to actually walk away with primary custody and child support payments from him? I'm going to wave an oral argument and all of the facts are correct. I guess he can respond written one time and then it goes before a judge? I told him that if he didn't agree to split the driving fairly they rest of the case wouldn't bode well for him because I felt that the judge would look at him like he is unfair and possibly give me a ruling in my favor. I am filing it tomorrow for early Dec. I tried to work it out with him today and he didn't want to work on it so oh well, I guess the judge will decide. I can't see a judge make a woman with her only source of income be $500.00 /mo continue to pay $275.00 in child support whom she cares for half the time and buys half the stuff for them.

Thanks in advance. -Jrsytomato

Based upon this and your post history, your chances of obtaining custody seem to be slim to none.

And really - he's not a scumbag. Knock. It. Off.

 

[wikiricki]

Ok, thanks for the reply. I figure I would shoot for the stars and hope to catch the moon. And what do you know him? How do you know he isn't a scumbag. He acts like he cares about the kids to win his time with them and then doesn't even show up on Halloween when they were waiting for him to show all day. He just doesn't act like a real man I guess is the nicer way to put it.

Even if we have joint legal custody and I could get them on my insurance plan, that won't be considered as a good reason for the kids? The ability to get on the plan was the only reason I'm asking for primary custody.

It doesn't matter whether I get primary custody or not to me since we share 50/50 custody. I am also filing for a reduction in child support payments based on Burns vs Edwards Jr. case that says that SSI payments as your only income means I don't have to pay child support anymore and to even out the driving privileges and costs which is only fair that they award that I would think since he moved an hour away from our Marital home after we signed an agreement on transporting the children. So I can't imagine they wouldn't split the driving times in half.

 

[Ohiogal]

Ok, thanks for the reply. I figure I would shoot for the stars and hope to catch the moon. And what do you know him? How do you know he isn't a scumbag. He acts like he cares about the kids to win his time with them and then doesn't even show up on Halloween when they were waiting for him to show all day. He just doesn't act like a real man I guess is the nicer way to put it.

Even if we have joint legal custody and I could get them on my insurance plan, that won't be considered as a good reason for the kids? The ability to get on the plan was the only reason I'm asking for primary custody.

It doesn't matter whether I get primary custody or not to me since we share 50/50 custody. I am also filing for a reduction in child support payments based on Burns vs Edwards Jr. case that says that SSI payments as your only income means I don't have to pay child support anymore and to even out the driving privileges and costs which is only fair that they award that I would think since he moved an hour away from our Marital home after we signed an agreement on transporting the children. So I can't imagine they wouldn't split the driving times in half.

And you aren't acting like a real woman or a real mother. A real woman and mother would SUPPORT her children financially. She would make sacrifices for her children. She would be there for her children. She wouldn't whine and cry about how she is too disabled to provide anything for them and because dad is expecting her (you) to also financially support the children you made that he is a scum.

Transportation may be ordered to be shared but quite frankly you need to quit criticizing dad. Scumbag? Nope. Not unless you are a cheap, deadbeat, loser who doesn't want to take responsibility for her own choices.

You had the fun of creating the children, you have the responsibility of supporting them.