Changing CS & STBX not exercising all visitation


#1

You should run the calculator on the home page with these figures for income and number of overnights and see if the child support that is being paid now is correct.

If your ex is trying to get more custody, he is probably trying to get primary…I do hope that you have documented everytime he has not taken his visitation or cut the visitation short. This will not look good on him in court. If he is not taking advantage of his already ordered joint custody, then it’s unlikely that the courts would grant him more visitation or change custody.


#2

I ran the calculator last week and it is about another $200-$300 a month more in CS with his promotion/pay raise.

He has not attempted to take me back to court - he just threatens to and tells my grandmother the first chance he has he will.

I do have documentation or tracking of visits either via email or text because I try not to talk to him over the phone due to his aggressive stance and behavior he takes with me a majority of the time.

I do know if I go back to court for child custody I will be allowed to subpeona the text messages because there are numerous text messages related to visitation, him not returning our son on an agreed upon day and telephone visitation issues that would come up in court.


#3

Then I would say stand firm. Continue the pursuit of the modification of child support and keep up with documentation, including receipts of anything you buy for your son.
Let him threaten to take you back to court the first chance he gets. If he never follows through then you have kept track of all this for nothing, but if it’s needed, you will have it. It’s always a good idea to communicate in writing if there is an issue so that you have back up information to refer to.
While I believe that parents always deserve the chance to make things right with their child, I do not agree with parents who try to change custody or not take visitations just to reduce the amount of child support. That is not in the child’s best interest and the courts would see it that way also…
Hang in there


#4

If your child support is already calculated on Schedule A it will not increase because he is not exercising all his allotted time. However, if his income has increased 15% that is as substantial change and child support may be changed based on that fact.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

We used Schedule B because of joint custody (and he is not exercising all his visitation… only 1 week of his summer. He has at least a 15% pay increase and due to my move daycare is going up $35 a week. So that means there could be a change?


#6

The first thing you probably want to do is get a custody order that reflects the actual schedule, that will have a significant impact on child support. Then it can be recalculated based on your actual incomes now. Even if it stays on schedule B it may increase because of the change in income. Child support enforcement will calculate child support based on your child support order.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#7

Our child custody is complete. My ex is suppose to have our son for the summer. He moved to GA for a military school. He has an apartment there and other people attending the school bring their families (so there was no reason he could not have been capable of doing summer visitation.) We have joint custody with me as the primary/custodial parent.

Wehn he does occasionally come into town allow him to see our son. Last time he came into town he was in town ALOT (few days) longer than he said he would be and he only visited with our son 7 hours stating he could not keep him overnight because he was leaving early in the morning… yet he dropped something off at my front door "on his way out of town after 10:00 am. (He has our son every other weekend, approx 6 weeks in the summer, even year Christmas; odd year Thanksgiving; and even year Spring Break)

How, if at all, will his lack of use of full visitation affect anything at all?

He has also received a promotion at worrk since the court order and makes approx $1,100.00 a month, making his income approx. $5,590.00 a month; I make $2.oo an hour more (I went from $8 an hour to $10 an hour.) Would it be difficult to get CS raised based off this info?