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christine1
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Reged: 04/21/08
Posts: 439
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motion to reconsider childsupport
      #392424 - 04/21/08 05:17 PM

Hi,

My ex husband recently took me to court to reduce childsupport, remove DOR from our case and for a visitation schedule (although he has not adhered to one in the past). In 2007 saw his children 7 times.

Anyways judge ordered childsupport to stay the same (even though it should be more), DOR to remain (owes 6,000 in arrears) and basically the visitation schedule he implemented.

Now he is threatening to go back for reconsidertation of childsupport and to ask for the kids to live with him in the Summer time (he lives out of state and my kids are 7 & 11) neither one has a comfortable relationship with their father .

He says if this judge does not overturn her decision about childsupport, he is going to take it to appeals court and it will be very expensive for me - He is constantly harrassing me about this - I live in Massachusetts and we just went to court March 14 about this.

What do you think - Any insight would greatly be appreciated!

Diane


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Buckeye
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Reged: 12/08/05
Posts: 7857
Re: motion to reconsider childsupport [Re: christine1]
      #392438 - 04/21/08 06:45 PM

Tell him to file away and tell him that you will be asking that he pay your attorney fees.

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Relayer
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Reged: 03/13/07
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Loc: Moorglade Mover
Re: motion to reconsider childsupport [Re: Buckeye]
      #392441 - 04/21/08 06:55 PM

Let the kids live with him during the summer..pehaps they will form a stronger bond with him as that is difficult to do living so far away

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Rebecca5
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Re: motion to reconsider childsupport [Re: christine1]
      #392444 - 04/21/08 06:58 PM

He can only file the modification of child support if there's a significant change of circumstance. Otherwise, he has to wait 3 years under MA law.

My guess would be that he hopes to change the visitation schedule, because MA allows for deviation based on parenting time. I would also guess that if the court order is only a month old, he's SOL.

So....he can file away, and you can ask for your attorney's fees to be paid by him.


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christine1
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Reged: 04/21/08
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Re: motion to reconsider childsupport [Re: Rebecca5]
      #392467 - 04/21/08 07:35 PM

As far as letting the kids live with him that cannot happen! In 2006 he saw them 3 times and in 2007 saw them 7 times. He has no idea what is going on in their lives, simple things: what they do for extra school activities, who their teachers are, their friends etc. I would never want them to be put in that situation. His current visitation allows him to come once a month and he always backs out which disappoints the kids - Before I agree to any change of custody he would have to step up and act like a Dad.

Thanks


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christine1
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Re: motion to reconsider childsupport [Re: christine1]
      #392468 - 04/21/08 07:36 PM

Oh I forgot to mention we are only a six hour drive apart - So there really is no excuse for him not seeing his children.

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Relayer
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Re: motion to reconsider childsupport [Re: christine1]
      #392476 - 04/21/08 08:05 PM

They are pretty young and the extra time with him would only help foster the relationship. The court my guess will grant it to him.

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Rebecca5
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Re: motion to reconsider childsupport [Re: christine1]
      #392478 - 04/21/08 08:06 PM

Who said anything about the kids living with him? And...if he had an extended parenting time in the summer, their extra-curriculars wouldn't make any difference. He could sign them up for things in his town. Half of the summer or 6 weeks is pretty standard.

Six hours is a pretty long way for people who have jobs and are without an unlimited source of income. Is he supposed to stay in a hotel and eat out every meal, as well as provide constant entertainment?

Not to make excuses for him, but really....that's kind of a crappy way to think about it. How about you offer him every school 3-day weekend, and offer to meet him halfway?

Your children NEED their father in their life.


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Relayer
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Re: motion to reconsider childsupport [Re: Rebecca5]
      #392482 - 04/21/08 08:10 PM

[quote]
Your children NEED their father in their life. [/quote]

Rebecca, some CP's just do not see it that way, when in fact, a father is every bit as important as a mother. This is just another case of a CP wanting their cake and eating it too.

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GO CUBBIES!!!!


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christine1
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Reged: 04/21/08
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Re: motion to reconsider childsupport [Re: Rebecca5]
      #392485 - 04/21/08 08:11 PM

You don't seem to understand that he abandoned all of us in Feb of 2006 - Had no contact with the children until June when he came up and visited for two hours. He has made no effort to be a father and it was HIS choice to move out of state for another woman.

I have offered him all sort of options for taking the children and he is not interested. How could you suggest sending children to live with someone who does not even call them or have a relationship with them.

I realize they need their father and have tried for three years to have him call the children at least once a week to see them at least once a month etc - I have also driven them 3 hours a couple of times as well.

You really do not seem to understand the situation at all. Initially his visits were supervised, his behavior is erratic and my childrens psycologist states that his inconsistent behavior is damaging my kids especially my son.


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