mybest
New
Reged: 05/25/08
Posts: 1
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I have a situation and I am not sure what to do, and wanting advice. Here goes....My x pays his child support threw the child support system, so he is not late however; Our parenting plan states that he will get our son twice a week and every other weekend. Well he does not keep him he takes him to his parents house (grandparents) thru the week and every Saturday night. He never helps pay with any extra activities, I tried to be nice threw divorce (CRAZY) but I agreed to every other year on tax's. I have made dentist, doctor's appointments on the days that he has him to help me take him to the appoinments, and he constantly sends me threatening text messages and ends up canceling the appointment, plus he is moving in with his girlfriend which states in the parenting plan that this is a no no. Also he is paying me an extra $12.00 a wk for day care, he originally suppose to pay the entire amount but I agreed to let him pay me the $12.00 a wk and he said he would pay for any additional cost, guess what he didnt pay the extra so I took him out of day care, and i have found someone that picks him up and i give them the $12.00 to that person Am i in the wrong there? He constantly threats about the $12.00 a wk. You know its just $12.00.
Another question, can I or should I take him back to court gettting complete custody and him not get the tax break every other year and making him pay for the expense. Do I have a good chance on making this happen?
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ttina
Platinum
Reged: 02/28/08
Posts: 398
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when was the CS set? Has there been a change in financial circumstances (my stater 3yr or 15%)
If you want to modify the parenting plan (tax/time/custody) you are going to have an uphill battle b/c you have established status quo. He can pretty much do anything he wants during his parental time, including taking child to grandparents. The only legal leg you MAY have is the moving in with his g/f as that is specifically contrary to the parenting plan.
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Jada
Platinum
Reged: 06/02/07
Posts: 3345
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If he is court ordered to pay those extras (and childcare is an extra that will be put in arrears if he isn't paying), then file contempt of court charges compelling him to pay. If it is just a verbal agreement, then there is nothing you can do about the past.
But you can file for a modification of child support and ask that childcare is added on to it. You will need to provide proof of your actual cost.
You probably aren't going to be able to get the tax exemptions changed unless he is in arrears on his financial obligations to the child.
Unless you have a right of first refusal, there isn't much you can do about his taking the child to his parents.
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taryn
Platinum
Reged: 05/31/07
Posts: 2258
Loc: Hell...but im coming back up, ...
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as far as the visitation goes, only if the children are withheld is it a contempt thing. if he doesnt take them, he doesnt take them. and what he does on his time is his choice. sad but true.
with the money aspect of things, the court will with whatever is in your agreement.
see if the extra money he owes you will be more than the court battle.
and i could be wrong, but nothing your saying here is grounds for full custody.
i agree that he is not being fair or the best parent he could be, but ive learned the hard way that you can only be the best parent YOU can be.
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taryn.
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