• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help with Parenting Plan Modification

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state?WA

I am in the process of getting a Parenting Plan Modification. Im moving to another city about an hour away and in with my friend who has 3 kids of her own. Im moving there to get a better job and for a change. I am trying to get them at least 3 days a week, versus one. Now my ex is disagreeing with all of this and saying that I am abandoning my kids and i cant move in with another girl and have my kids around her. She refuses to sign the modification parenting plan. If she refuses to sign it, what are my options? Am i correct when saying that i can fill out a proposed plan and have it summoned to her house? If so, what if she doesnt respond to it? Can somebody help me??
 


BelizeBreeze

Senior Member
krybrahaha said:
What is the name of your state?WA

I am in the process of getting a Parenting Plan Modification. Im moving to another city about an hour away and in with my friend who has 3 kids of her own. Im moving there to get a better job and for a change. I am trying to get them at least 3 days a week, versus one. Now my ex is disagreeing with all of this and saying that I am abandoning my kids and i cant move in with another girl and have my kids around her. She refuses to sign the modification parenting plan. If she refuses to sign it, what are my options? Am i correct when saying that i can fill out a proposed plan and have it summoned to her house? If so, what if she doesnt respond to it? Can somebody help me??
would you care to hold the proposed parenting plan up to the monitor so we can read it?
 
BelizeBreeze said:
would you care to hold the proposed parenting plan up to the monitor so we can read it?

I would if it were done....my problem tho however is that she doesnt want any part of helping me with the parenting plan and refuses to sign any part of it. So, being somewhat new to this, I was wondering my options.
 

BelizeBreeze

Senior Member
krybrahaha said:
I would if it were done....my problem tho however is that she doesnt want any part of helping me with the parenting plan and refuses to sign any part of it. So, being somewhat new to this, I was wondering my options.
Your options are to do it yourself then file with the court a motion to modify and have her served with the proposed plan.

Her options are to tell you to bite rocks, answer with her own proposed plan or do nothing and show up in court to contest.

As an aside, you are the one moving. I doubt seriously if a court would grant you three days a week which would require the children to drive 1.5 hours AND do school work during the school year.

Also, the court will most likely frown on you living with a woman while the children are in residence.

There is also a matter of change in circumstances which requires you to prove that a substantial change has occurred that would affect your current visitation schedule and to this point, with you making the move voluntarily, you have not done son.

All in all, your motion will most likely fail.
 
BelizeBreeze said:
Your options are to do it yourself then file with the court a motion to modify and have her served with the proposed plan.

Her options are to tell you to bite rocks, answer with her own proposed plan or do nothing and show up in court to contest.

As an aside, you are the one moving. I doubt seriously if a court would grant you three days a week which would require the children to drive 1.5 hours AND do school work during the school year.

Also, the court will most likely frown on you living with a woman while the children are in residence.

There is also a matter of change in circumstances which requires you to prove that a substantial change has occurred that would affect your current visitation schedule and to this point, with you making the move voluntarily, you have not done son.

All in all, your motion will most likely fail.

I only have them one day a week right now. When i did the original papers during the divorce i had two jobs, now i only have one. Thus this is one need to modify my child support because i make less now. I have a 4 year old and 2 years old, so schoolwork isnt really the thing right now. We originally agreed on every other weekend which was fine with me, but upon her finding out i was thinking about moving in with this friend of mine, she changed her mind and said she wasnt signing the papers and also that she tellin the kids that i died and im really their uncle and not their father. I call this emotional abuse. So, there is a change in circumstances. Its not even set in stone whether I move in with her or get my own place. The point is that she wont help me with these papers and that she is emotionally unstable.
 

BelizeBreeze

Senior Member
krybrahaha said:
I only have them one day a week right now. When i did the original papers during the divorce i had two jobs, now i only have one. Thus this is one need to modify my child support because i make less now. I have a 4 year old and 2 years old, so schoolwork isnt really the thing right now. We originally agreed on every other weekend which was fine with me, but upon her finding out i was thinking about moving in with this friend of mine, she changed her mind and said she wasnt signing the papers and also that she tellin the kids that i died and im really their uncle and not their father. I call this emotional abuse. So, there is a change in circumstances. Its not even set in stone whether I move in with her or get my own place. The point is that she wont help me with these papers and that she is emotionally unstable.
There is no change in circumstances sufficient for a court to order a change in the order.

The fact that she will not help you is a personal one, she has no obligation to help you.
 
BelizeBreeze said:
There is no change in circumstances sufficient for a court to order a change in the order.

The fact that she will not help you is a personal one, she has no obligation to help you.

I think there is a change in circumstance when i am making 800 dollars less a month than i was when we first did our parenting plan.
 

Silverplum

Senior Member
krybrahaha said:
I think there is a change in circumstance when i am making 800 dollars less a month than i was when we first did our parenting plan.
You QUIT the 2nd job voluntarily, right? That's not a change in circumstances for the court. You are not allowed to voluntarily decrease your income and then reduce CS.

Read up on it. You're not likely to get a downward mod.
 

mommyto4

Member
Dude**************(wow I used dude LOL :D )

You got GREAT FREE LEGAL ADVICE...... you are wasting your time and money trying to do a modification.

Feel lucky you didn't have to waste money on an Attorney as well because they are very correct.
 

NotSoNew

Senior Member
while voluntarily quitting his second job might not be a change of circumstance for a child support mod, it IS for a visitation modification. however I am unsure if the OP understands that they are two seperate things, and asking for a mod in your CS does not affect your visitation.

And why should the OP be held to an income of 2 jobs for his CS calculations? If he is working 1 full time job at 40 hours a week based upon his education level, that should be all he is required to do, ESPECIALLY if he wants to spend more time with his children.

I would certainly TRY for a downward mod of CS the worst they can say is no.
 

Silverplum

Senior Member
OP wants to move an hour away from his kids. Then he wants more visitation, up to 3 days/week. Once the first kid hits school-age, that plan is useless -- and will cost more $$$ to change. Just because he wants doesn't mean he gets.

He was unwise in having 2 jobs during CS calculations. Doesn't mean a court will lower his CS. Just because he wants doesn't mean he gets.

Moving in w/a woman w/3 kids of her own is not necessarily the best thing for HIS kid/s. Mom can no longer "control" his life, but Dad needs to make wise decisions.

He also needs to use the Search function here -- I've posted a comprehensive WA family law link more times than I can remember. ;)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top