Custody Child Support Scenario - ??

[Anonymous]

Has anyone ever seen this scenario play out? What was the outcome.

Mother has primary custody father gets every other weekend because that is the standard custody arrangement in the state where the divorce happened.
Father loses his job and must relocate out of state. This invokes a clause that means the father gets the kids for the summers. The mother; however, interferes with fathers custody. Father documents the interferences with police reports. Mother files a law suite asking for full custody (except giving father dinner with kids one night per month in the original state) + asking to increase child support ABOVE state guidelines because father has not fully exercised his custody for summers and this has "caused mother more expenses " (i.e., because kids are with mom more it costs mom more so father should pay more). Mother alleges fear of abuse but has no evidence. No recordings, no police reports, her lawyers alleges "potential abuse" in court and implies things but when the judge asked point blank "is daughter in danger" the lawyer says "no." Father wants to get to trial but mother keeps asking for continuances for various reasons and the judge keeps granting continuance. Father is fearful to spend time alone with kids for fear of false allegations and this is supported by fathers attorney. Father is out of money and is considering giving in on the custody because he can't continue to fight. The child support issue will still be pressed by mother.

Question: have you seen the mother successfully get child support increased above state guidelines when the mother is in clear violation of the court order by preventing father's custody and then uses the father's not exercising full custody as the grounds for increasing child support.

[Anonymous]

Child support is based off visitation. So, she is playing the game for more money. Tell him not to give up. He will never see his kids again but reality is she will refuse every visit even with an order. It’s all about money.

[Anonymous]

Anonymous wrote:Child support is based off visitation. So, she is playing the game for more money. Tell him not to give up. He will never see his kids again but reality is she will refuse every visit even with an order. It’s all about money.

Yes, I finally see the game.

what I'm wondering; however, is given that she is (1) preventing custody and (2) requesting to increase her custody percentage how could the Court find that she SHOULD be entitled to more money. The increase custody percentage being carried by her is due to her own actions.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Child support is based off visitation. So, she is playing the game for more money. Tell him not to give up. He will never see his kids again but reality is she will refuse every visit even with an order. It’s all about money.

Yes, I finally see the game.

what I'm wondering; however, is given that she is (1) preventing custody and (2) requesting to increase her custody percentage how could the Court find that she SHOULD be entitled to more money. The increase custody percentage being carried by her is due to her own actions.

It will depend on the judge. Some are ok with it. If they take away his time share she gets more money. He will never see those kids again.

[Anonymous]

Oh hey, fathers new girlfriend! Your BF hasn’t seen his kids in years because he doesn’t want to and his ex isn’t the shrew he says she is. If he was a decent man, he would have worked this out long before meeting you.

[Anonymous]

Anonymous wrote:Oh hey, fathers new girlfriend! Your BF hasn’t seen his kids in years because he doesn’t want to and his ex isn’t the shrew he says she is. If he was a decent man, he would have worked this out long before meeting you.

Wrong. I'm the father.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Oh hey, fathers new girlfriend! Your BF hasn’t seen his kids in years because he doesn’t want to and his ex isn’t the shrew he says she is. If he was a decent man, he would have worked this out long before meeting you.

Wrong. I'm the father.

Also, and as evidence of her being a shrew. I have an hour of recorded voice messages of her calling me names and threatening me if I attempt to move back or visit the kids.

I'm trying to get some perspective here. I'm not wanting this thread to get side tracked with a bunch of exhusband hating exwives.

[Anonymous]

Well if you are indeed the dad your concern should be holding to the custody schedule then. Put her on notice that it must happen on schedule, and stick to it. Then she doesn’t have a need for more support. Nowhere here have you mentioned wanting to see your kids more, only that you might be forced to pay more.

[Anonymous]

Anonymous wrote:Well if you are indeed the dad your concern should be holding to the custody schedule then. Put her on notice that it must happen on schedule, and stick to it. Then she doesn’t have a need for more support. Nowhere here have you mentioned wanting to see your kids more, only that you might be forced to pay more.

Actually, I explicitly said that she violated the custody agreement and prevented me from seeing the kids. I have police reports. I live out of state necessearily for work. I lost my job and had to move.

I've been fighting for custody but the delay tactics have drained my savings. The fees are costing more than I earn and I"ve borrowed money from family. There comes a point when you can't fight any more.

[Anonymous]

How has she interfered with custody? You kind of glossed over that.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Well if you are indeed the dad your concern should be holding to the custody schedule then. Put her on notice that it must happen on schedule, and stick to it. Then she doesn’t have a need for more support. Nowhere here have you mentioned wanting to see your kids more, only that you might be forced to pay more.

Actually, I explicitly said that she violated the custody agreement and prevented me from seeing the kids. I have police reports. I live out of state necessearily for work. I lost my job and had to move.

I've been fighting for custody but the delay tactics have drained my savings. The fees are costing more than I earn and I"ve borrowed money from family. There comes a point when you can't fight any more.

You can’t fight for your kids?!? How dare you give up on your children. Regardless of what you are saying, you seem more concerned about her getting money than you seeing the kids. What is preventing you from seeing the kids?

[Anonymous]

Anonymous wrote:How has she interfered with custody? You kind of glossed over that.

Not open the door when I show up to pick up the kids. When that happen I can't take the kids with me. She doesn't answer the phone when I call.
When I go to the police they say they don't enfroce the custody order but they will write a report.

This is beides the point anyway.

[Anonymous]

Doesn't your agreement have a provision that the party that substantially prevails in a hearing (i.e. the visitation issues you raise) is awarded attorney fees? If so, you should be able to put a substantial dent in her pocket by challenging the visitation issues.

Her plan is to get more nights and then have the child support order re-calculated based upon full custody. It won't be above the guidelines but will be within the new guidelines of her having more nights.

[Anonymous]

I don’t understand why you ‘had to move out of state’ for a job. I would work as a waiter before moving long distance from my kids. Your actions don’t match what you are saying.

[Anonymous]

Anonymous wrote:

Anonymous wrote:How has she interfered with custody? You kind of glossed over that.

Not open the door when I show up to pick up the kids. When that happen I can't take the kids with me. She doesn't answer the phone when I call.
When I go to the police they say they don't enfroce the custody order but they will write a report.

This is beides the point anyway.

It is the point but you don’t care because all you care about is money. Change the pick up location to a public place. Have someone else obtain the kids and take them to you. What does your attorney say when you give him thesd police reports?