Author Topic: How Child support can be decided, if child custody is not confirmed yet  (Read 28381 times)

Guru

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #45 on: April 25, 2013, 06:56:47 PM »
I'm not familiar with the acronym GAL.  What is that?  What county and judge did you have?

stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #46 on: April 25, 2013, 09:10:31 PM »
This GAL guy is Guardian Ad Litem.

Thanks,

Guru

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #47 on: April 27, 2013, 07:43:23 PM »
I don't believe I've talked with anyone who has had a guardian ad litem before.  Maybe someone else can weigh in here.

stiwary2002

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Does anyone have experience with GAL in Kansas. I will appreciate, if you can share your experience and/or recommendations to me. I am father of two kids ages 13/12.

Thanks in advance.

KTM

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Does anyone have experience with GAL in Kansas. I will appreciate, if you can share your experience and/or recommendations to me. I am father of two kids ages 13/12.

Thanks in advance.

I had a GAL employed on my case for a brief period of time. Was an additional expense which did not add any protective value for my children. They act as the Court wants them too and confer privately with the judge. Unless there is documented/suspected evidence of physical or sexual abuse upon the child(ren) which needs to be testified about in Court to be from one or both parents I do not see any value in employing a GAL.

stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #50 on: August 28, 2013, 03:06:20 PM »
Again I am back friends, any experience Please share your thought on this.

We had a hearing and finished with another date Oct18.

The case was started with other attorney came half an hour late without information.

The good thing is that no new allegations from other party and also they did not oppose 50/50 split rather they were crying for support money.

My attorney made it very clear to GAL (Guardian Ad Litem) and other attorney that we want clarification on GAL's parenting document and also we want 50/50 in any form.

GAL explained to Judge that she is working on plan and this is almost done. She has to fill in few informations and then she will submit her recommendations to the court. Judge asked her tell about your recommendation then she said few things like -- Family Counseling, deposit of passport in the locker with two signatures required and close to 50/50 custody.

When GAL said close to 50/50 then my attorney again said we are looking for 50/50 and the other party did not oppose.

Also Judge said to close this case as this has been a long time and start talking on property distribution as well. Judge also said that on next hearing I also want to know the status on property distribution as well. Actually Judge put up a  pressure on us to work bit faster.

Summary of this hearing is that In last one year, my relation to my kids, which was started with NO CONTACT and is now close to 50--50 (as per the GAL's statement in the court).

Can someone explain what is this "Close to 50--50"?

Also the other attorney is talking about support money (not opposing the split custody)...how this can happen and why Judge is not considering the fact that other party is fighting only for money and I am fighting for my love with kids. GAL also met with both the attorneys to come up with this plan and then also the other attorney is concerned about deduction in support money. why GAL is not considering this point? I am already paying lot of amt (40 K every year, spousal support and child support both).....


Thanks in advance....

 

stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #51 on: October 22, 2013, 03:07:36 PM »
Hello Friends, I am back again.

My divorce case is in Trial now. We are set for Pre-Trial next month.

GAL (Guardian Ad Litem) is still there and trying to make an agreement between the parents but this is not working. GAL recommended for 50--50 but other spouse is not agreeing to this.

Now we are set to Pre-Trial next month.

My questions are:

Q1. What is going to happen in Pre-Trial from GAL's recommendation perspective?
Q2. Can I request the judge to implement the GAL's recommended Plan?
Q3. What are the chances that Judge will listen to my request since the divorce is so much bittered.
Q4. Does the KS statute stop to have 50--50 custody, if the parents are NOT co-operative. My kids are 13 and 12 years old.

Please share your experience.

Thanks in advance.


KTM

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #52 on: October 23, 2013, 02:20:51 PM »
1. GAL will likely recommend to the Court "50/50" Parenting time since that is generally what the Court expects is best for your child(ten). Remember that Parenting Time (a determiner of Child Support) is different than "Custody". Which in almost all cases will be joint.

2. You can, when asked by the Court agree with the Gal's findings.

3. The Court will likely do as the GAL suggests since the GAL works for the Judge/Courts legally representing your child(ren's) presumably in their best interest.

4. I do not understand this question.... Joint custody is the ruling in the majority of cases.

stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #53 on: October 24, 2013, 12:22:16 PM »
Thank you very much KTM.

I am getting Every Sunday (from 10 AM until Monday Morning (drop in the school)) and every Tuesday / Thursday from 5 PM to8 PM. This was also ordered by the Judge last month. GAL is trying to make other spouse agree for shared custody.

I am not considering the Child Support Amount at all, the only thing I want is Shared custody and/or 50/50 custody and GAL is with me on that.

In my case other spouse is using false allegations since the first day and nothing is proved yet in last 1.5 years. Other spouse is adamant and not co-operating at all.

So My last question is that "Does KS statute stop to give shared custody, if both the spouses are NOT co-operative to each other" Do I get punished because other spouse is NOT co-operating me.

Thanks in advance,







stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #54 on: November 25, 2013, 11:09:47 AM »
Hello Friends,

I am back in my case. My Trial has been set for Last week of Feb'2014. Any  guidance on TRIAL will be highly thankful.


I have got Every Saturday Thru Monday morning on my kids along with every Tuesday and Thursday from 5 PM to 8 PM.

My Previous question is that "Does KS statute stop to give shared custody, if both the spouses are NOT co-operative to each other" Do I get punished because other spouse is NOT co-operating me.

Thanks in advance,


Guru

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #55 on: November 25, 2013, 05:40:30 PM »
What kinds of information are you looking for?  No, I don't think the court will hold your ex's being uncooperative against you.  I know others who were in the same situation.  The ex's relentless attacks and vindictive behavior did not affect the outcome.  If anything it hurt her case.  Be sure to remind everyone that everyone is uncooperative when a court action is pending - that's just how it goes.  Show that over the years you have always tried to get along and provide for your kids.

stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #56 on: December 02, 2013, 11:08:19 AM »
Thank you Guru, I got the answer from the details you provided.

My case is confirmed for the trial now.

Nothing is resolved yet so everything is going for the trial.

I will appreciate, if anyone has experience to share for the Trail like What to do and What NOT to do, kind of thing.


Thank you for all help,




stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #57 on: March 07, 2014, 01:08:54 PM »
Dear Friends,

Just a quick update. I got my divorce done last week and Child custody is still pending. Next hearing is July21.

GAL was bringing us close by to make it Joint Custody and my 50% was going to start from Dec21--2013.
But then someone complained against me again Emotional Abuse in DCF <<Department of Child and Family Welfare>>. I believe this should be my spouse or someone from her friend but good thing is that again DCF Officer did NOT find anything against me and they also closed the case.
Just for a quick rewind..I have been alleged by my spouse that I was physically, verbally and now emotionally abusing my kids. This is going on since last almost two years. Nothing is proved yet and so far I am neat and clean. But the case is extending and causing more bitterness.


Now GAL has suggested my case to give someone who is LMSW. GAL has buy 120 days from the court to get something done from this LMSW personnel. I believe this is kind of case management and I think their recommendation will be additional support to GAL to give it to the court.

Anyone, if dealt in past with case management or LMSW kind of situation, Pleas let me know if you can share any details or information as I have no clue about this.

Thanks in advance.

KTM

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #58 on: March 07, 2014, 01:54:23 PM »
It would help to know who the case manager is.

stiwary2002

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Re: How Child support can be decided, if child custody is not confirmed yet
« Reply #59 on: March 07, 2014, 04:04:36 PM »
Barb Sharp