SRS
Pooh-Bah
Reged: 11/05/10
Posts: 2161
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I would recommend, highly, to figure out some temp supoprt and start paying by check through your attorney. Judges don't like it when NCPs don't support their children. Paying 1/2 the ECs is not supporting his children.
My ex got slammed for not making a temp child support arrangement. I was being nice by not filing. Didn't matter to the judge.
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Nicole
Pooh-Bah
Reged: 01/25/05
Posts: 1762
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Good to know, seriuosly. I think both of us 100% assumed she would file and everyday I get the mail I expect something to be in their from the state.
So to be clear, are you saying he determine support and pay his lawyer to give to her? Or he should go thru the state cuz then they would just take the payments and give to BM?
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SRS
Pooh-Bah
Reged: 11/05/10
Posts: 2161
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Personally, I'd figure out what he owes in CS. He won't have the kids 50/50. Not even close since he is a LD NCP.
He needs to remember that this money is to help feed, shelter and clothe his children. Unless he's paying for health insurance, it will also go towards their health insurance. He will most likely end up paying for 1/2 of unreimbursed medical and extra cirriculars in addition to CS.
Then, file a temp CS order with the court. He can pay by check through his attorney. Then, his attorney can send the check to the CPs attorney stipulating that this is temp child support. Each time she gets a check she will need to sign something saying that she understands that this is temp child support. Those signed documents can then be filed with the court EACH TIME to protect your husband.
When he gets to court, he can show that he HAS been supporting his children. Not that he is being an ass and waiting for her to ask for child support.
Your lawyer sounds like a goof if he hasn't done a LD parenting plan yet, told you to go for full custody when you were moving away, told you to wait for her to file for CS, and if he truly gave you advice to send a kid to his Mom during the BB game to tell he he didn't want to play.
ETA: When you do write up a CS order, limit his 1/2 of the the unreimbursed expenses to $150 or something unless there is a documented emergency or is agreed upon by both parents ahead of time. She should have 30-60 days to get the EOB/receipts to you and you should pay within 30-60 days, imo.
Edited by SRS (05/21/12 05:42 PM)
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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[quote]I would not agree to take them to ANY activities in their hometown unless you have the entire summer.[/quote]
They absolutely should not have the entire summer. They are the ones who CHOSE to move. The kids' mother should be able to have summer parenting time.
And the kids should not have to miss out on activities because the father CHOSE to move.
It was selfish enough for them to have moved away from the children, it would only make them more selfish if the kids miss out on being able to participate in the same activities that they participated in before the father CHOSE to move away.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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[quote]My personal opinion is that you do not NEED to be spending HOURS and HOURS in the car driving them to/from games in their hometown and giving up YOUR time to do so. The way it was explained to me is that EVEN IN INTACT FAMILIES, kids miss games occassionally. [/quote]
Occasional is the operative word there.
EOW isn't occasional. And that wouldn't happen in an intact family.
And child support absolutely should not be lowered. The Dad chose to move, let him pay for the added costs of long distance parenting.
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SRS
Pooh-Bah
Reged: 11/05/10
Posts: 2161
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Ours says something about 2 2-week intervals during the summer with 2 weeks inbetween.
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SRS
Pooh-Bah
Reged: 11/05/10
Posts: 2161
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Dad chose to move and become a LD NCP without a Long Distance parenting plan or Child Support order in place.
He screwed Mom over big time. Basically he wants to see the kids when he wants to see them and not help pay for raising them unless she asks for help.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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[quote]Ours says something about 2 2-week intervals during the summer with 2 weeks inbetween. [/quote]
I don't have a problem with a LD NCP getting most of the summer, but the parent who didn't move away should be able to take a summer vacation with kids. And what your plan says would allow for that.
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Nicole
Pooh-Bah
Reged: 01/25/05
Posts: 1762
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He is required to provide medical insurance. I just think if he determined what child support is, even though we would calculate through the states forms, she would fight it. What we figured he would pay is more than he was paying before but like I said before you can adjust it to determine how many nights you have your children. I think that is what she would fight because it does make it drop. We did a rough estimate on how many nights he would have by what BM is giving him right now and it is $XXXX and it is about $300 less on what DH wants for custody. Now if you did just basic child support it is $XXXX but if you take in account the nights he has them (amount based on what BM wants him to have) its like $100 less. I guess either way if she fights it or not, it would be filed.
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M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11722
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Couldn't agree more!
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