Posts Tagged custodial

Can a judge award child support if the non custodial parent isn’t working?

Question by CaCO3Girl: Can a judge award child support if the non custodial parent isn’t working?
The short story without all the drama, is that my husband has this wonderful child, and he got custody of him from his ex, who after a 9 month court battle simply agreed to give my husband primary custody of the child so we wouldn’t get up in court and read into the record what a horrible person and mother she is. We had witnesses and teachers and other child care professionals that had interacted with both parties ready to say she was pretty much unfit, and the child belonged with us.

So, after all that our lawyer said that child support had to be awarded or the judge would never sign off on it. So, we asked for a week, and we pay all medical stuff and daycare. a week is not earth shattering but enough to get special treats or new shoes now and then. We really weren’t trying to be mean, but if child support had to be awarded we thought we were being pretty nice.

Well now the mom is coming back saying she only works 1-2 days a week, so she can’t pay that amount, and the judge never should have signed it based on the child support worksheet. She says if she works more than 1-2 days a week then she looses all of her government stuff like low income houseing and medicaid and food stamps….etc. she agreed to the order in court and the judge signed it, but now she says she doesn’t make enough to give that. Well it is set up through child support recovery, so we have no control over it.

So, I guess my question is, if we have to go back to court over this how will the judge look at it? Will he base what she should pay on minimum wage at 40 hours a week, or what she actually makes, considering she chooses not to work more.

Thoughts????

Best answer:

Answer by hsmom
Idk, what the Judge would do… but is it really worth it? If she is that neglectful and terrible, do you really want to have to deal with her at all? 50 bucks a week isn’t that much, like you said. I think I would just forget about it and be glad I didn’t have to deal with her.

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I am a custodial parent, the non custodial parent wanted to?

Question by workingirl: I am a custodial parent, the non custodial parent wanted to?
keep the children for an extra day as he was going to have surgery, he wanted the kids to be there during his recovery from surgery they are 9 and 10 years old and they did not want to stay. Instead of allowing them to come back to me, he sent them to spend that night (his court ordered visit) with non family members. The kids were upset but did not let him know as he has a bad temper. He did it out of spite towards me and I have never given him a lick of trouble. What recourse should I follow?
his visitation day was a day before his surgery…he wanted the kids on my day, with only 1 weeks notice I disagreed with having them there and wanted to keep my full day due to me.
he wanted my visitation day for the kids to be with him on his day of surgery.

Best answer:

Answer by sheloves_dablues
None. It’s done and overwith..

However, it seems very strange to me that he would want to keep the kids so that they would be around when he got out of surgery. When you come out of surgery you are groggy from anaesthetic and aren’t able to care for children.

And I’m a bit confused… It was his court ordered visitation day, yet in the beginning it was an extra day. Which was it?

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Should a custodial parent, who is denying the court order visitation rights of the other parent, without a?

Question by George McCasland – Dads Rights: Should a custodial parent, who is denying the court order visitation rights of the other parent, without a?
justifiable and provable cause, be required to provide a security bond (cash or certificate), that they forfeit the next time they violate the orders?

With 60% of court ordered visitation violated within the first six months of the order, according to the U.S. Dept. of Health & Human Services study, “Survey of Absentee Parents”, and no government programs to enforce, this could be an effective way to address the issue. Unlike child support, visitation recovery stops when the child reaches 18. And, in today’s economy, judges can no longer automatically jail those who violate family court orders. States are releasing prisoners, without the need for probation reporting, in increasing numbers.

A bond can be in cash or through a bonding agency.
Ruth,
You really should read more of my answers before assuming I’m bias. I drop hammers on father who created their own problems, and I told mothers how to enforce orders. I tell fathers to wait until their children are grown before starting another family. Check my advice to women wanting to marry men with children, or visa versa,

My reference materials are available to anyone.

Finally, I want to make things harder for fathers, not easier, by promoting Bird Nest custody.

Best answer:

Answer by samworld
I think holding the custodial parent responsible for carrying out the court’s orders is a good thing. Right now the non-custodial parent has almost no rights if the custodial parent decides to deny visitation. My husband had to go through this with his son’s mother. She would change her mind about letting him see his son, not be at the prearranged meeting places, lie about what times they would be home to pick up my stepson. And every time we called the Police Dept. they said to call the Sheriff’s Dept, who said to call the Attorney General’s office, who pretty much said sucks to be you. Sure there are a lot of people who are neglecting their duties as parents, but there are a lot of parents who are basically at the mercy of the custodial parent’s whims. We had to go to court again and have it added to the custody agreement that we could pick him up from school just to avoid dealing with a mother who should be happy that her son’s father wanted to see him as much as possible. Instead she did everything in her power to make us and her own son miserable. Who’s looking out for the parents trying to do the right thing who are getting shafted? Nobody.

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