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Author Topic: Visitation/Child support question  (Read 23220 times)

Trisity

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Visitation/Child support question
« on: April 30, 2013, 02:39:59 PM »
I am hoping someone can help me with a question that I have. My children’s dad chooses not to exercise his court approved visitation. = meaning he does not have them every other weekend. As a matter of fact they have only stayed the night at his house once in the last calendar year, and the previous 3-4 years haven’t been much different.  When we split, the kids were one and three, and are now eight and ten. He currently pays 434 for c/s.  He quit his job so his support wouldn’t go up, but it is getting increasingly hard to keep them in all the activities and such because he won’t help.  I work a good job, and make around 37k a year, carry the health, dental, and vision insurance on them, pay all the child care cost, and keep them in a good school.   My question is, can I use the fact he doesn’t have them ever, to help me get some more support for them?? I am not trying to be unfair; however they are his responsibility too.  I think it’s only fair that if he chooses not to spend the time with them, he should pay a fair amount to offset expenses.
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Guru

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Re: Visitation/Child support question
« Reply #1 on: April 30, 2013, 10:30:36 PM »
It's all based on the child support worksheet and the child support guidelines.  Using the calculator provided here, you should be able to determine how much you should be getting.  Since he's only getting every other weekend, he's not getting any kind of credit, so in that regard, no, you wouldn't be getting any more money.  If he never had the kids at all, you'd get the same amount.  Even if he had the kids a couple nights a week, but not overnight, and every other weekend, you'd probably still get the same amount.

That being said $434 sounds pretty low for 2 kids 8 and 10.  It all depends on his income.  Your income will actually have very little influence on the calculation.  Many think it does, but in reality, you could make $15k/year or $40k/year and it would make all of $10/month difference in child support.  It's all about what dad's gross income is.  Use our calculator here and make your life easy.
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ksmom3

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Re: Visitation/Child support question
« Reply #2 on: June 08, 2013, 01:35:36 PM »
IV.E.2.d. Non-Exercise of Parenting Time Adjustment: The court
may make an adjustment based on the historical non-exercise of
parenting time as set forth in the parenting plan. The amount
allowed should be entered on line E.2 of the Child Support
Worksheet.

I read this as I can at least ask for an adjustment for this reason.  There seem to be a lot of dad's on here, when you have your child(ren) for your parenting time aren't you spending money on them that isn't included in your order?  If your out with your kids and they see a shirt they really want or didn't bring their football to your house and wants it to play outside with friends, is your response sorry, the worksheet is filled out and your mom buys that with the child support?  I'm on both sides here, my husband pays his child support and the only other thing involved is medical.  He isn't ordered to help with anything else but we do.  We help with sports, clothes, camps etc...  I get that a father cannot be forced to be a dad.  That's to easy!  So, you work under the table so no child support can be garnished, it takes months in court and mom gives you money to make a payment when you go so the court is happy and orders you back in 2 months where, the same happens.  I can't modify child support because there is no income, now will be based on minimum wage.  While you have plenty of money for your extra activities and enjoying life.  It isn't fair!  You dads that are involved would know of all the little fees that come up for the kids right?  Is it included in the order or thrown in the category of part of the basic support?  So, that basic order is to include housing, utilities, food, transportation, clothes, school enrollment, haircuts, school field trip fees, yearbook, school t-shirt, school lunches, bus fees, daily hygiene care necessities, presents for friends birthday they are invited to, sports enrollment fees, accessories for sports, the list goes on!  So I do think it's worth a fighting shot to ask for more when they are completely absent from the child!!   
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Guru

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Re: Visitation/Child support question
« Reply #3 on: June 10, 2013, 10:45:38 PM »
In some regards you have hit the proverbial nail on the head.  Dads do spend quite a bit more out of pocket when caring for their child, but that is the fault of the advisory committee.  They've not appropriately accounted for all that spending.  There are many costs involved, but for the most part its all rolled into a single number.  But I will tell you this - you take all the little fees involved and add them up, they will never add up to the amount of child support required.  Child support is really set up to over compensate for a lacking child support model.

You can always ask for an adjustment due to non-exercise of parenting time.  However, you can't get blood from a turnip.  If dad is already paying 100%of the required child support amount and does not see the kids, that is the best you can do, from a mother's standpoint.  Some moms want dad to be there, but there are an equal mount who are perfectly happy just taking his money while he's working or whatever else he does.  So, if the order already assumes mom makes a certain amount and dad makes a certain amount, and dad pays his share, that's the end of it.  If he chooses not to be a father, there is no penalty.
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