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Non custodial parents rights

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stvc

Junior Member
What is the name of your state?In In going in and out of court for a vast number of years, I have protected myself. Sometimes in the past I feel that there was to much placed on me financially, it has been very hard. In the Rules and Guildlines they talk of fairness to both parties in a brief desciption. But they don't account for what I feel is also important. Questions:
Do I have a right to review there there Medical records, Do I have a right to know why there has to be a Modification set 400.00 more a month when there is no care care expenses or anything that has changed in there lives. Both share models make the same amounts. Also During a modifications hearing am I allowed to ask questions on where my money goes, i feel that it does go to them, I'm aware or expenses of the house but the whole expense issuses cannot be correct if she has a husband that drives a lexus. Can it be bought up the these expenses of the house are probably very little on her part lowering the amount of what she can actually say that is coming from her income towards the support of the children?
 


Zephyr

Senior Member
stvc said:
What is the name of your state?In In going in and out of court for a vast number of years, I have protected myself. Sometimes in the past I feel that there was to much placed on me financially, it has been very hard. In the Rules and Guildlines they talk of fairness to both parties in a brief desciption. But they don't account for what I feel is also important. Questions:
Do I have a right to review there there Medical records,

yes

Do I have a right to know why there has to be a Modification set 400.00 more a month when there is no care care expenses or anything that has changed in there lives.

that was probably discussed at the last hearing, were you there?


Both share models make the same amounts. Also During a modifications hearing am I allowed to ask questions on where my money goes,

you can ask but you are not entitled to an answer


i feel that it does go to them, I'm aware or expenses of the house but the whole expense issuses cannot be correct if she has a husband that drives a lexus. Can it be bought up the these expenses of the house are probably very little on her part lowering the amount of what she can actually say that is coming from her income towards the support of the children?
the court doesn't care about er husband or what he makes, he is not obligated to provide support fo her or the children
 

esirena

Junior Member
hello there, well i can understand your frustation as a non custodial parent who is ordered to pay child support. i know that life can be a mess since you now have to work more often in order to pay your kid's monthly support. i know that for a fact you cannot argue or question where the money goes, because your kids are minors then an adult has to manage their money which in this case is the mom, and the judge does not care really how your ex decides to spend that money as long as it is received she can decide how it will be spent. depending on how many kids are involved and how much do you make an hour or if you are salaried has alot to do with how much the judge can say you must pay. for sure i know they cannot take more than 50% of your earnings since you also need to live. my best advice to you is this instead of sending her the support payment open a bank account for your kids and deposit their support payments there, then everytime your ex uses the money for child related expenses you will keep records on how the money is being spent and you will know if the money is being used for any other purpose, so give her a credit card and keep track.
 

ceara19

Senior Member
esirena said:
my best advice to you is this instead of sending her the support payment open a bank account for your kids and deposit their support payments there, then everytime your ex uses the money for child related expenses you will keep records on how the money is being spent and you will know if the money is being used for any other purpose, so give her a credit card and keep track.
If the is a court order for CS, and he follows your advise, he's going to end up in jail for contempt.

While it's true that no more than 50% of his chck can be withheld, the child support itself is not going to be set at 50% of his income. He doesn't mention his state so I don't know what the exact % would be, but it's not 50%.

To modify CS, the children's needs are not the only consideration. If dad's making more money now than he was then, the CS is going to be higher, regardless of the circumstances of the children.
EDIT-The CS will be higher if a modification hearing is requested. It's not automatic.
 
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esirena said:
hello there, well i can understand your frustation as a non custodial parent who is ordered to pay child support. i know that life can be a mess since you now have to work more often in order to pay your kid's monthly support. i know that for a fact you cannot argue or question where the money goes, because your kids are minors then an adult has to manage their money which in this case is the mom, and the judge does not care really how your ex decides to spend that money as long as it is received she can decide how it will be spent. depending on how many kids are involved and how much do you make an hour or if you are salaried has alot to do with how much the judge can say you must pay. for sure i know they cannot take more than 50% of your earnings since you also need to live. my best advice to you is this instead of sending her the support payment open a bank account for your kids and deposit their support payments there, then everytime your ex uses the money for child related expenses you will keep records on how the money is being spent and you will know if the money is being used for any other purpose, so give her a credit card and keep track.

I realize that this poster is trying to help...But don't take this advise...Child support is for the Custodial Parent to decide where the money is spent...If you do this it could be said that you were giving the children cash gifts, and you would still owe the support! What state are you in?
 
B

betterthanher

Guest
critterperson said:
Child support is for the Custodial Parent to decide where the money is spent...
Please show me where that is stated and if it conforms with the national definition of child support. What you are stating is common belief.
 

nextwife

Senior Member
The spouses of NCPs can do the same thing the spouses of CPs do - help out their spouses by bringing in an nice living to make up for what is going out. If CP is doing well because her spouse is working hard and bringing the household a nice income, why not do the same for your spouse? YOUR income will not be subject to his CS.
 
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