Increase/Modification in visitation

[Snooch]

What is the name of your state? Va

Hello all,

I was divorced in Ok and my daughter lives in Ga.

My divorce decree states that I get my daughter every other weekend and I have her for 2 weeks during the summer, dates to be decided between my ex and myself. I would like to have this changed to a set calender date every year and also increase from 2 weeks to 3 or 4. I would also like to have it set that I do not pay child support to her mother during this visitation period.

Does this sound like an easy task? I guess what I'm asking is....is this a simple go before the judge and he decides or one of those deals where both my ex and myself go before the judge and argue our case? Would this be expensive as far as a lawyer goes?

I have always followed our decree to the letter and I have always paid CS on time, so her mother has nothing to complain about.

 

[Zephyr]

if your ex is in agreement to do all of those things then it would not be all that difficult- you would probably want to have the case transfered to the child's current state of residence at some point as well

 

[Snooch]

Sounds good, but I can pretty much assure you she'd not be willing to co-operate. She's never been willing to do me any favors as far as our daughter goes.

My daughter is almost 12 years old now, so she'll be asked what she desires, right?

 

[momofrose]

I can tell you from personal experience that your request is defnitely do-able.

My ex also would not do me (or my daughter) any favors - I had asked for years for the dinner times to be changed to an overnight during the week and extra vacation time. Always got the same song and dance "I don't feel that would be good at this time".

I finally hired a lawyer - he got one too - we went before the judge - argues the case. The judge did side with me very much but agreed that it should go to mediation, We went to mediation and the Mediator ripped my ex a new ------. He still would not go for it - Ex got a new attorney and I guess advised that the deal should be taken.

I went from eow Friday to Monday Morning, one dinner (6pm - 8pm) a week and 2 weeks in the summer to

EOW - stays the same
Wednesday overnight
and 4 weeks in the summer established (dates written in the court papers).

With this - my child support also decreased from $186.00 to $100.00 a week (due to ex's increase in income and the fact that I now had "shared custody" because of the additional time. Also - we have a date set at the end of the year to exchange financial info to modify support again (I agreed to $20.00 more a week so we would not have to go back to court) and possibly increase in coparenting time again.

It is my experience that the courts look favorably on this type of request. Youw ould not STOP paying child support for the weeks she is with you in the summer though - it may be figured into the final amount.

Good Luck

 

[Snooch]

You're saying even though I have her all month her mother STILL gets CS for that month? Why shouldn't it be the other way around?

 

[Silverplum]

You're saying even though I have her all month her mother STILL gets CS for that month? Why shouldn't it be the other way around?

sigh...
The CS is calculated at a yearly sum, divided for your convenience into twelve payments. If you didn't pay CS for one month, your eleven other payments would rise to meet the annual sum.

 

[Snooch]

Thanks for the info. I certainly hope it works out in court.

 

[Silverplum]

What is the name of your state? Va

Hello all,

I was divorced in Ok and my daughter lives in Ga.

My divorce decree states that I get my daughter every other weekend and I have her for 2 weeks during the summer, dates to be decided between my ex and myself. I would like to have this changed to a set calender date every year and also increase from 2 weeks to 3 or 4. I would also like to have it set that I do not pay child support to her mother during this visitation period.

Does this sound like an easy task? I guess what I'm asking is....is this a simple go before the judge and he decides or one of those deals where both my ex and myself go before the judge and argue our case? Would this be expensive as far as a lawyer goes?

I have always followed our decree to the letter and I have always paid CS on time, so her mother has nothing to complain about.

The fact that you are not in arrears and want to increase visitation/parenting time is a good thing for your case. You always take your parenting time? Don't cancel?

You might end up in mediation first, which is much less expensive than the whole court-attorneys way. Depends upon which state now "owns" your decree and what their policies are. You might want to talk to some local attorneys (take along all your divorce/custody/etc paperwork) to get an idea of the process. And, of course, Google is your friend. Good luck to you.