50/50 custody but BM never gets them questions!
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My future husband has physical placement of his 2 kids, daughter age 4 and son age 7. The custody arrangement is for him and ex wife to share 50/50 custody (her getting them tues and thurs nights/every other weekend). Since it is supposed to be 50/50 neither one pays child support. My question is, what would we need to bring to court as proof to show she NEVER gets the kids and we would like to receive child support for them. Anyone go through this before?
I would keep a calendar and
I would keep a calendar and note every missed pickup. If she fights in court and claims that you are lying, I imagine they might require testimony from the kids. Being so young, a GAL could be appointed to keep them out of the courtroom - you could request this when you go to court. A GAL can interview the kids and give recommendations to the court without the kids having to appear.
Keeping receipts for things
Keeping receipts for things you did as a group, like zoo tickets or taking pictures also helps prove where the children are at. I don't know about your state but in mine we have been told judges need 6 months of a pattern to form a status quo.
if you have 50/50 there is no
if you have 50/50 there is no support payment in the US?? Or is it that they make the same amount? Keep a log book of all the details, send her an e-mail when she hasn't picked them up and maybe she will respond, either way you have paper proof. Good luck!
I would keep a log book and
I would keep a log book and depending on the children's ages and their maturity level the court may allow them to speak or write-in.
However, I'm not sure what your state law is but I know in Ohio the 50/50 split actually means that we pay BM more CS than if we didn't see the children at all because the feeling is that the child should have the same quality of life at both homes. As BM doesn't work & both I and DH do, she received more CS monthly than the avg. working person in our state.
Are you sure there is no SO in place because of the time split and not because of income levels?
If that's right, I'm moving to your state.
When they went to court over
When they went to court over the custody agreement in october, it didnt make any sense because he was only collecting unemployment (getting $140 a week) while she made $14.00 an hour working full time. He brought proof that he has utilities and rent he pays for the house thats in his name. The only thing they required of the BM was to keep insurance on the kids but doesnt have to if it exceeded more than 5% of her gross income. It just burns us up because we struggle to provide for these kids while she just spends her money on anything else but her kids. We feel like if she doesnt get the kids half the time like court orders, she should atleast have to pay child support...its just turning into a very difficult situation, the kids are not dumb, they know their mother doesnt have anything to do with them and even refer to her as her first name, not mom or mommy
i just want to add to that my
i just want to add to that my DF has physical custody, the kids live with us 7 days of the week.
it really disturbs us that we
it really disturbs us that we try to save every penny to support these kids and are hardly getting by, meanwhile the BM gets off on not paying us a dime when she never has them anyways since shes too busy getting her nails and hair done
we really wouldnt try to get her for CS if she actually did take her kids like court orders but since we are raising them full time, someone has to pay right?