JewelsLLNM
New
Reged: 11/15/07
Posts: 3
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My daughter did her divorce pro se and in her parenting plan agreement with the ex was a stipulation that neither could leave the state without giving 6 months notice. Well he up and joined the Army and has gone to Washington in a matter of 3 weeks. The parenting plan is messed up now that he can't see them every other weekend among other things. Also his income has gone up substantially. She did file the paperwork for modification of child support and he did not file a response. The judge in her original divored hearing said that since she only took $353.00 for 2 kids and should get around $700.00 was leaving it open for her to file to get more. The clerk at the court house has said there is no court date set but wouldn't say anything else. Does anyone know what other paperwork needs to be filed for him not living up to the parenting plan? Or what is supposed to happen on the child support now? Any information would be most helpful. An attorney is out of the question as a retainer is $3000.00 and she can't afford that, daycare alone is $1500.00 per month. Just some help on knowing what to file would be nice.Thanks for the help.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2137
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Well , technically he's in contempt , BUT , visitation is a privilige NOT an obligation so I don't see much , if anything , happening . Your daughter may have grounds for a material change in circumstances to seek sole custody and have the parenting plan revised based on long distance visitation .
Child support should be increased to state guidelines with a pro-rated share of day care costs attributed to the ex . Is CS paid through CSE ?
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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JewelsLLNM
New
Reged: 11/15/07
Posts: 3
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Up until he left child support was paid by him with a cashiers check. He will not even give her an honest amount of what he will be making at the moment, says he is poor. Finally got an address so now we have to figure out what to file and go from there. She turned in the paper for modified support and his words were she isn't getting that much. He thinks as her parents we pay for everything and she is free to spend her money her way so therefore she deserves nothing. When they first split we had to help her pay for childcare because he refused to pay her for 3 months until they went to court to finalize the divorce. I guess our next step is to figure out what to file, a little confusing. Do you know if it is best to file for a hearing? How would she file if he is in contempt? Thanks for your answer as it has been more than helpful.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2137
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First thing your daughter should do is contact the Colorado Division of Child Support Enforcement and set up an account so the CS can be garnished . They will also help her in getting a modification . The web address is :
http://www.childsupport.state.co.us/do/home/index
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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JewelsLLNM
New
Reged: 11/15/07
Posts: 3
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We are on that one. Thanks. We also pulled all the paper work for all the modifications and contempt of court. Now to figure that out and file. Thanks for some direction.
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