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Asked 9/30/2010
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What is the best visitation schedule? I am a single mom living in the same CT town as my ex. By moving into the same area, I unknowingly made it easier for him to motion for a shared parenting, 50/50 joint physical custody plan. My ex and I are already back in court, less than a year after our divorce. He was already told he wasn't getting most of what he wanted, however he is still demanding more time with his son on HIS schedule and a change in the visitation schedule (which he actually created to begin with). We never had every other weekend, and he is inflexible, so it's VERY hard to plan trips with our now 6 year old son. I have offered him MANY solutions to this, more time, different schedules, etc. He wanted a crazy 2-2-5-5, then a 3-3-4-4, than every other week. It has been me, the custodial parent, agreeing and being flexible. I had no problem allowing extra time/visitation until he became inflexible, stopped paying child support (until I took him to court and he was ordered to pay) and then wanted to pay less child support for having our son more for visitation. No matter how much I give him, he is never content and always wants more. He actually took half my 401K in the divorce (he has the lesser job) and at one point wanted ME to pay him child support if he got 50/50 custody. I am only an executive assistant, I don't make a lot, and frankly I think he should make more of an effort to earn more. He only pays 30% NOW! What are my options, what am I required to give in to, if at a |
Answer 1/2 - Submitted 9/30/2010
If ther is a stipualated visitation order in effect you need only to comply with that order, stop worring about the wants of the father, he is to demanding and like you said never happy, if the father does not like the visitation order as it is he can file and ask the judge to modifly the orignal order, however what ever the judge stipulates the father still has to follow a stipulated order with days and times of his visitation, he cannot just exspect you to change the times when he wants, this is not about his needs alone, you also have to be able to do things and plan things with your child and you cannot do this if he is wanting you to change the visits all the time, so just follow the order and if he wants to put the money out to modifly the orignal order let him pay and even if he were to do this does not mean he can convince the judge to change the order, now with this being said I want to tell you that child support is a differet issue and you cannot hold it against the father if he is not paying by trying to not allow him his visits, if you do this you could be held in contempt of court, the child support services will enforce the child support order, if he is paying 30% of his gross income for one child he is paying to much, he should be paying like 20%. had you and the father both been granted a 50/50 joint shared custody in most cases neither parent pays the other any child support, the onlt time a judge would order child support from one parent is if that parent made more money than the other parent and would or could be ordered to pay child support on the difference in income. If joint custody was not granted at the time of the divorce the father cannot just file a petition asking for 50/50 joint custody in hopes to get out of child support the judges are now onto some of the tricks the non-custodial parents tries to pull to get out of paying child support. If the father gets behind in his child support order in the amount of $500. he can get his wages garnished and have his drivers licence suspended.
Answer 2/2 - Submitted 10/4/2010
We know visitation is completely separate from support. It is HE who thinks he can lower his support, by having our son more. He was surprised to learn that isn't the case. Everyone told him, the only way support will be lowered is by resubmitting financials for a separate modification. He certainly does NOT pay too much, in fact everyone we have spoken to agree he pays far too little and hides behind his crappy self-owned remodeling business (when it is slow). Unfortunately with his BS job and income he does make significantly less than ANY normal adult (I made more money in college than he does). He always rode on my coattails, throughout our marriage, and never saved a dime. He actually "stole" half my 401k, since I earned it, and he put nothing aside for his own retirement. Anyhow, the bottom line is he always thinks he is entitled to more than his share, and this time he will learn that he must put forth in life what he takes out of it.
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