The amount you owe in FUTURE child support can be amended based on the scheduled amount of visitation time you will have with the children, but the order will have to be modified through court AND the visitation/custodial time will need to be planned and specified in the order. It will not affect BACK amounts owed.
2007-08-29 04:52:18
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answer #1
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answered by jurydoc 7
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First, there are alot of DIY book regarding divorce & custody. The library and some online websites have blank forms and guides for filling them out.
He will need to file a modification agreement. If she is not willing to file it, he will need to petition the judge for a modification. There will be some court costs, but it will be cheaper than hiring a lawyer.
Other options is to contact United Way Legal Aid. If he qualifies, they can assign him a lawyer for free to assist. (some times you may get one fresh out of law school, or one with little experience.. but a lawyer none the less.)
He is required pay what he ows..Until they change the ammount the courts require him to pay, that will not change. You can not make past dues dissappear because you THINK they are unfair. Until a Judge says otherwise, you will owe what the current agreement says.
IF she has not been an unfit parent, and neglience or abuse may be present, you may want to get childrens protective services involved in the situation. They can help get a temporary order granting custody, while the courts decide custody.
If you have the children for weeks at a time, in a different city, when or where are they going to school? If she is allowing the children to skip school, because she does not want them, etc.. it is more things to bring up to the judge.
Document everything. Dates, Times, events. Keep emails and answering machine messages, etc.. Begin to gather evidence of her actions. She may be more willing to not fight, if she knows that you have the proof that she is unfit.
2007-08-29 04:52:11
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answer #2
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answered by Kacy H 5
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Just because you keep the kids more often than you had agreed to in the custody arrangement, it doesn't free you from paying the child support payments you also agreed to.
Nobody gets to skip a car payment because they didn't drive their car that month.
2007-08-29 04:51:18
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answer #3
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answered by Vakari 5
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The law is black and white. You have to pay the child support order unless it is legally amended by the courts. Period. It makes no difference how much time you had the children.
2007-08-29 04:49:13
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answer #4
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answered by Anonymous
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If you think the child support should be reduced, you have to go through the court to get it approved. You can't just not pay it because you think it should not be.
2007-08-29 04:44:59
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answer #5
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answered by Michael C 7
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WHAT HE NEEDS TO DO IS KEEP RECEIPTS OF ALL EXPENSES FOR THE CHILDREN. GET NOTARIZED DOCUMENTATION FROM NEIGHBORS AND FAMILY MEMBERS THAT HAVE SEEN YOUR HUSBAND WITH THE KIDS AND HOW HE HAS BEEN PROVIDING FOR THEM. TAKE THIS INFORMATION TO COURT WITH HIM AND GIVE IT TO THE JUDGE. I DON'T THINK THAT IT WILL DEDUCT ANYTHING FROM THE 10K THAT HE OWES KNOW BUT IT IS WORTH A TRY. HE COULD ALSO ASK THE JUDGE TO HAVE MERCY ON HIS CASE AND TAKE THESE THINGS INTO CONSIDERATION.
YOU COULD ALSO CONSULT AN ATTORNEY. THEY GIVE FREE LEGAL ADVISE YOU DON'T HAVE TO BE A CLIENT.
2007-08-29 04:59:33
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answer #6
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answered by sommore101 1
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Sorry too say but your gonna have to pay. The courts are gonna side with her no matter what you do.
2007-08-29 04:50:36
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answer #7
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answered by ball 3
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Next time marry someone who doesnt have an ex-wife and kids as baggage.
2007-08-29 04:44:54
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answer #8
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answered by Anonymous
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