I'm sick and tired of games/ I need modification!-Possible?

[carbro]

What is the name of your state? Pennsylvania

The facts:
1) Current custody order(2 yrs old) does not reflect actual custody times
2) Current custody 24/7:
Dad- 54%
Mom-46%
3) Actual waking times(9am-9pm)
Dad-80%
Mom-20%
4) Overnights
Dad-3
Mom-4
5) Dad is still paying child support
6) Mother agreed to drop at last months counseling session
7) Mother back tracts today(Money hungry)
8) On top of the above times, mother takes 3-4 work trips per year for 4days each- Dad has son those days
9) Mother is always asking dad to have son during her times because of"work" issues.
The above is documented
10) Dad quit good job 3 years ago to work around mothers work schedule for custody- That was the only time I could get the fastest so I did.
11) dad started a business that is flexible allowing dad to be with his son 95% of times
12) Dad is Mr. Mom

Bottom line- The mother has the best of both worlds. She should actually be paying me. The last time I went for modification(spring05) the courts lowered support by $100. They still were basing my support on "earning capability".

How can this still be true? I have my son all the time(which is a good thing) but what's right is what's right.

Pa has passed new laws on the way support is handled.

Anyone know how that is?

Also, will they go off of custody times on the court order or the actual times not on the court order.


Thanks,


carbro

 

[NotSoNew]

i beleive most of these questions were addressed in another thread of yours. Child support is based only on the court ordered times, not the "actual" times agreed to outside of court.

document proof of how much you actually have the child and file for a modification of visitaiton time based upon that.

HOWEVER to receive CS you must be the residental parent, and THAT requires a change in custody and THAT requires you to prove mom unfit.

without residental custody, even if you have more time then mom, if you make more then her, or are deemed to be "capable" of making more then she is currently making then you will still have to pay her. sad but true. and yes if you quit your job the court bases your CS calcs on what you previously made so that folks who pay CS dont quit their high paying jobs and go work at MickyD's.

However if you quit 3 years ago, mom should have gotten a raise in that time and perhaps her income is higher then what your "potential" would be.

Here is the PA CS calculator

http://www.pennglazier.com/support2006/support.html

Also if mom is in it for the CS then you can bet she will fight you tooth and nail on the increased visitaiton time and stop them immediatly when you file for the mod. SO you have to figure which is worth more to you? Seeing your child more, or paying less CS.

 

[carbro]

i beleive most of these questions were addressed in another thread of yours. Child support is based only on the court ordered times, not the "actual" times agreed to outside of court.

document proof of how much you actually have the child and file for a modification of visitaiton time based upon that.

HOWEVER to receive CS you must be the residental parent, and THAT requires a change in custody and THAT requires you to prove mom unfit.

without residental custody, even if you have more time then mom, if you make more then her, or are deemed to be "capable" of making more then she is currently making then you will still have to pay her. sad but true. and yes if you quit your job the court bases your CS calcs on what you previously made so that folks who pay CS dont quit their high paying jobs and go work at MickyD's.

However if you quit 3 years ago, mom should have gotten a raise in that time and perhaps her income is higher then what your "potential" would be.

Here is the PA CS calculator

http://www.pennglazier.com/support2006/support.html

Also if mom is in it for the CS then you can bet she will fight you tooth and nail on the increased visitaiton time and stop them immediatly when you file for the mod. SO you have to figure which is worth more to you? Seeing your child more, or paying less CS.

I appreciate your answer - thank you.

The part that I have in bold is what I look at. Time is worth more than anything(you can never regain it).

I just can't believe how messed up the courts are on this issue. I think it's sad when my sons mother is more interested in receiving cs checks than actually spending time with our son - My mind can not comprehend this.

I just found this forum and appreciate the info here. It is also a place to vent and at the same time, organize my thoughts and look at my situation honestly.

I am a big believer in what goes around comes around.


carbro

 

[NotSoNew]

no problem. my husband is currently fighting tooth and nail with his ex in court to get any more time he can, the only reason mom doesnt want him to have it is because it will decrease her CS payments.

its a rough road but the best thing you can do is read the boards, learn how the system works, educate yourself then figure out the best course of action for your situation.