Author Topic: How Child support can be decided, if child custody is not confirmed yet  (Read 28380 times)

KTM

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #30 on: December 11, 2012, 12:36:09 PM »
Hire an attorney. You need help.
The Court knows this and gave you a Temporary Support Order instead of one that would stay in place until there were a Legally defined "Change of Circumstances". Also, told yu what needs to be done to effect your Parenting Time options.

djmlaw

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #31 on: December 11, 2012, 01:14:33 PM »
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

KTM

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #32 on: December 11, 2012, 03:41:20 PM »
djmlaw,

I am not an attorney. I believe that you stated you are an attorney.

The NEW ruling you are referring to may change what has been common practice and I understand to be part of the Divorce process in Kansas. Temporary Orders have been put into place immediately or shortly after the Divorce is filed as to residence, support payments and parenting schedule if applicable. Until changed by later hearing with discovery or the Divorce is finalized.

djmlaw

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #33 on: December 12, 2012, 10:54:04 AM »
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

Guru

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #34 on: December 12, 2012, 06:55:00 PM »
To follow onto this discussion, I think the judge has to set the support at some amount regardless.  He has to base that on the temporary custody order.  So if one parent has sole temporary custody, the other parent will be paying out the nose.  Unless custody changes in a significant enough manner to require adjustment of child support, there's really no reason to change it.  In this case I believe Stiwary is looking to obtain shared residential custody of the children.  In this case a child support adjustment would most definitely be required.  Even if 3 nights/week are awarded, a parenting time adjustment may be appropriate which would allow filing a motion to modify support.

If parents were reasonable and set up a reasonable parenting plan from the get-go, there may not be a reason to modify support.  But as we can see, when parents start throwing PFA's and PFS's around, it's going to be a very contentious (and expensive) divorce.



stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #35 on: December 14, 2012, 04:00:14 PM »
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.

KTM

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #36 on: December 14, 2012, 05:29:37 PM »
Stiwary2002 -

I commend you for taking the time to look into things and think them through. I think you are making a wise choice. Please let us know how things progress.

stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #37 on: January 15, 2013, 11:39:13 AM »
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.

Guru

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #38 on: January 15, 2013, 12:41:34 PM »
Well, not exactly.  In my district, motions to withdraw are only heard if there are objections.  Unless you or your wife plan to object to the withdraw, there will be no explanation and the motion to withdraw will be granted.

I think you need to up the ante and request that an LCM hears the arguments so he/she can weigh in and also make your trial cheaper.  Your court administrator or alternative dispute resolution coordinator can tell you the advantages and disadvantages.  I recommend you learn as much as you can before you go broke learning.  You need to make smart and meaningful moves at this point or you'll just be in and out of court until you are both broke.

stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #39 on: January 16, 2013, 01:40:45 PM »
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,

stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #40 on: February 19, 2013, 04:52:53 PM »
Hello,

I am back here with a question.
My first Mediation meeting was successful and I am going to complete my kids visitation the coming Sunday.
My spouse's attorney filled a motion to withdraw and tis was granted by the judge without any hearing.
My spouse did not search for a new attorney yet.
My next mediation meeting was planned as attorney assisted mediation meeting and we both spouses are supposed to go with our attorneys and mediator. But my spouse does not have any attorney and she did not respond to mediator yet. I asked the mediator and she said that she is still waiting from my spouse to hear on the attorney and a suitable date. Mediator advised me to ask my spouse for this.
I am not willing to start any communication with my spouse. So my questions are:

1. I am not sure, if this is my responsibility or mediator's responsibility to bring both the spouses on the table.
2. What will happen when this coming Sunday last day time visitation is over. There are no further visitation on paper.
3. I am fine, if my spouse continues every Sunday day time visitation until she gets her new attorney. Do I need to tell this message to my spouse or mediator.
4. Also I want that my spouse should give a date for the next meeting unless she will keep dragging this case for unlimited time. How can I make sure this?

Please share your thoughts to help me out.

Thanks a lot in advance.

Best regards,


Guru

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #41 on: February 25, 2013, 05:25:26 PM »
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.

stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #42 on: March 13, 2013, 01:44:51 PM »
Thanks Guru,

I have filled a motion for parenting plan and hearing is in the end of Apr'2013. I did not go for emergency because I want to take it easy.

I have multiple ways to put this case in front of Judge as my kids are 12+ and 11+ years now. what should be my criteria in front of Judge??
1. I can simply let Judge decide this matter. No argument here with the judge.
2. I can fight for 50--50 while putting some facts to the judge like she is not involved in any activities, dr appointment etc for the kids in last som may years etc. I can put 1000nds of little arguments here.

Which is more favorable these days to the judge?

Any input will be highly appreciated.

Thanks,


Guru

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #43 on: March 17, 2013, 07:08:11 PM »
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.

stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #44 on: April 25, 2013, 11:50:53 AM »
I had this motion today.
My wife picked up a attorney just 15 minutes before trial starts.
This new attorney asked for "Continuance" and we opposed that.
This time wife did not said anything about physical abuse rather she complained of verbal abuse.
After 15 minutes of hearing Judge ordered:

1. Every Tuesday and Thursday from 5 PM to 8 PM.
2. Every Sunday 10 AM to 5 PM.
3. Ordered for GAL.

I am not sure how this GAL thing works here in KS.

My questions are:
1. Does GAL talk to only parents and kids? What if I provide a list of coaches, teachers and doctors and request GAL to talk to them as well.
2. Does GAL also do the Home evaluation?
3. How long this GAL will take to submit the report?

Please let me know your thoughts on this.

Thanks in advance,