Just a quick little ugly fact.  On October 26, 2012, the Kansas Supreme Court in Brown (docket number 103758) ruled that there is nothing temporary about a child support order even though the Order itself says that it is temporary and the hearing might not have been with witnesses and exhibits.

djmlaw

Dear KTM:

In a "normal" contested divorce, one side files a petition with supporting documents and, based on those documents, the Court enters a "Temporary Order" setting out the initial conditions of the separation such as visitation, spousal and child support, access to the former family home, etc.  These documents are delivered to the other side who can then file a motion to modify the Temporary Order and produce their own documents.  Usually there is a brief non-evidentiary hearing on the record and the Judge announces the results often with the comment that his or her order is meant to be "temporary" until the matter is settled or a further hearing.  For example, the spousal and child support might be set during the December 15, 2012 hearing based on the higher income noncustodial parent's 2012 wage income year to date plus the annual Christmas bonus of 25% of that parent's annual salary sent out on December 25, 2012.  Lo and behold, no December 25, 2012 bonus. 

But going to Court is expensive and didn't the Judge say that this is all temporary so why not wait about 6 months until the full trial takes place.  The Brown case might mean (remember that it is a new decision) that the Trial Judge can't go back in time in June of 2013 to change the child support Temporary Order of December 15, 2012 even though the evidence in the June 2013 trial clearly shows that no one got bonuses due to the company's financial conditions.

Being an attorney that sometimes has represented this higher income noncustodial parent, I can think several strategies but I would much rather be representing the lower income custodial parent in the June 2013 hearing.  "TEMPORARY" CHILD SUPPORT ORDERS ARE NOT AS "TEMPORARY" AS YOU MIGHT THINK.  Quite frankly they should be labeled:  PRELIMINARY ORDERS (WITH NO POSSIBILITY OF CHANGING CHILD SUPPORT).

Good luck,
Dennis

Thanks everyone and my special regards to Guru and KTM both for all the help here.

Looks like my ex and her attorney are not ready to be flexible on this child custody and I am just loosing the time so I am going to accept their proposal of first visit as supervised and then couple of hours in the evenings and then couple of hours in the day. This way i will be able to start something and then fight back for shared custody.

Also this will help the case to go forward and finish this divorce earlier than going for long long time.

I am also planning to pickup some experienced attorney now rather than stay around with this Junior guy.

Thanks again and I will keep you updated on the further development.

Hello Friends,

I am back in my case.
Mediation for Parenting Plan is going on.
Earlier I was agreed to all their demands for parenting Plan as per other attorney. My wife did not accept her attorney's proposal that was starting with supervised visitation till every alternate week end.
Finally her attorney (who is from NGO) decided to withdraw herself from her case because of non co-operation from her client (my wife).

I am not sure, what is this going on. How come my wife can reject the best parenting plan for her and worst for me.
I am sure even mediation will not be succeed because of her adamant nature. So now my wife will hire another attorney and then case will go to the judge.

I want to know your ideas, if this is good for me or not. My attorney is telling me that this is good for me because when her attorney will withdraw herself thru a motion then she will explain the reason to the judge and judge will not be happy about this.

Please let me know your thoughts and any suggestion from you.

Few Updates today in mediation:

1. We both agreed to start Unsupervised visitation Every Sunday from 12 -- 2 PM for three weeks.
2. Then 10 AM to 5 PM Unsupervised every Sunday for three weeks.
3. Then Both the attorneys and spouses along with mediator will meet for further plan.

4. This is also confirmed that her attorney is quitting. Today her attorney replied to mediator that she is no more her attorney now.

Let us see where do we go from here.
Thanks,

1.) technically its the responsibility of the mediator, but the only thing that motivates them is the $$
2.) just use the same visitation schedule regardless. See if she goes along. If not, send to your attorney.
3.) yes
4.) you'll need to hold someone's feet to the fire here.  If you cannot agree to a date and everyone is dragging feet, file a motion for the judge to set the date.  That gets everyone motivated.\

Honestly you have to drive the show, when you are the one on the losing end.  The other side has no incentive to move things along.  Dads do not get the same assistance as Moms.

Why is your motion scheduled so far out?  Is this an evidentiary hearing (trial)?  I think the 1000's of little arguments you put in there will do nothing but take away from your main arguments.  Try to keep the story more about you, and less about her.  Some of the judges will go for 50/50 as long as they can see there won't be any bumps in the road from you and it will be easy on the child.  For example if you spend your time telling the judge how mom doesn't go to basketball games and fail to mention the fact that you live within 3 miles of school and the other parent, you've done yourself a disservice. 

I'm not saying you should not point out your concerns with the judge.  I'm just saying you need to always tie those in to how that concerns the safety of the child.  Don't rant and rave about mom's personal lifestyle if it has no effect on the child.  If it does have an effect, show that.