Our plan is to file for both permanent and temporary physical custody of SD this week. I've been told that we can expect a hearing on the temporary custody in 2 weeks, the permanent custody hearing would take at least a month. If we end up getting custody at that point, what happens to the CS?
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CS....
I would ask that child support cease on the day that you take physical custody of the child. I would have a Child Support Termination Order ready to file and have signed on the day you go to court. You need to ask for the child support to cease in your petition!!! Those are the 2 things you need to remember....1 ask for it in the petition and 2 be sure to say something about it to the judge on the big day. GOOD LUCK!!!
Okay, that is a REALLY good
Okay, that is a REALLY good point, with all the drama of the actual custody, this would be very easy to omit, and it's F's other big concern , for some reason he believes that even if he gets physical custody he'll still have to pay CS....
He shouldn't
CS is there to help provide a home and neccessities for the child. If you have physical custody of the child, and there are no other children by him involved, he shouldn't have to pay any child support. The only other way I see him having to pay child support is if he is behind...then he pays only what he owes b/c it was ordered to BM. If you get 50/50, I would ask that no child support be ordered.
That's what I tried to tell
That's what I tried to tell him, but he doesnt' think that's the case. I don't really understand how 50/50 works, we live in two different towns, how would she get to school? We are hoping for full custody, so she can just go to school in our town. I'm trying to convince him that if we get full custody and the cs is revoked, that should be good enough, we don't need BM's money, but he's so sick of paying her for all this time, he wants her to have to pay. I hope talking to a lawyer will change his mind on that, it's going to be enough of a fight as it is, as BM does NOT want to lose that income.
he's not at all behind, and only was when BM lied in court and denied the cash he had been giving her before the CS arrangements were made, so he owed backed CS b/c he didn't have receipts for the cash he'd given her, and that was about 10 yrs ago...
I truly appreciate your input, it's so helpful, I feel so out of my league trying to figure these things out@
Easy :)
50/50 only works if you are in the same town/school district. Unless the other parent is willing to drive to take the child the school. I would ask for full custody and try to settle with 50/50...you will need to determine who will be able to registar the child for school...GET THIS IN THE PAPERWORK. The rule is: Ask for all, settle for some. If you don't ask, the Judge can't offer it to you!!!
Also, about BM paying CS. I can sympathize with you and your F. DH and I took BM to court and got custody of SD-8 about 4 years ago. DH didn't want BM to have to pay child support either. I told him he had better ask for it, or else!! lol He did, he got $150.00/mo. No biggie, we knew she wouldn't pay! But, it does 2 things...1. keeps her from being able to take DH back to court for custody, if she can't pay $150 for CS, what makes her think she can afford SD and 2. RESPONSIBILTY!!! Big lesson around our house. You are responsible for what you do, be it clean your room or make babies!!! Talk to F about this, most woman don't feel they need to pay child support b/c they are the mother...therefore you will have a perminate "safety net"!!!
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