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Do you think the judge will enforce a meet spot or for Bm to pick up ss?

msg1986's picture

In my previous blog I wrote about how I was thinking Dh's CS was based off time w/ skid and it's not. Basically Dh is paying max CS, has ss every weekend and picks up ss almost an hour away every friday and drops him off almost an hour away every sunday because bm refuses to meet him half way or pick up skid from our house.

With that being said, I've heard that sometimes that if non custodial is doing something for a long time (for example, maybe paying bm a higher amnt than what's supposed to be paid) that the judge will say "well you've done is thus far so you can keep doing it." Do any of you know if this is true? I guess my concern is that Dh will take Bm to court to try to establish that she either meet Dh half way and the judge will say that Dh has done all transportation thus far so he needs to continue doing it. What do you think?

A little background: Dh's never been arrears, pays CS on time, has Ss every weekend, pays Ss medical, and up to this point provides all transporation for pick up/drop off.

Do you think the judge would tell him tough luck???

Comments

msg1986's picture

hmm, bm here is pretty lazy too. Dh said that when they went to court he had to remind her of that date because she had forgotten what the date was... :::eye roll::: why dh did that, pfft, i don't know. but whatever. Hopefully this time she'll forget again and from what I understand, if Bm doesn't show up, Dh will get whatever he's requesting.

QueenBeau's picture

My DH at one time did all driving. Went to court because BM wanted more money. Judge changed it to a halfway meeting spot. At the time, DH was going like 7 hours (BM had moved). Changed it to like 3.5-4 hrs. Then when we got married & moved her, 2-3 hours away, they got a new halfway point meeting spot.

I think it depends on the state.

msg1986's picture

We're in NM and they seem pretty fair in what I've seen so far. For instance she was going to file a motion for more child support because she stopped working and I called child supp and they said that she will get denied because Ss is of school age so they treat it as though she's making min wage even if she's not working, so that was awesome to find out. I told Dh that he's already doing so much that the worst can tell him is no. so we'll see...

msg1986's picture

You're very right, the worst they can say is no. I have a good feeling about this though, NM seems pretty fair in how they go about things.

simifan's picture

Sorry to say we had it happen. BM took DH to court for more child support while I was pregnant with DS. He was working OT at the time to save up for my leave. Even with a letter stating OT was temporary due to staff shortage & ended on XX date they based CS on the OT. DH took it back for modification the following year. Armed with his W2 proving he made $10000.00 less we figured we were a lock. Nope, The judge said, Well you've made the payments without being late; it doesn't seem to be an issue. Apparently since we followed the CO we were screwed. Best of Luck to you.

msg1986's picture

wow, I'm so sorry that happened to you guys. I wonder if it's even worth attempting.