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My husband had me served with papers yesterday. He is seeking reduced child support and more visitation. He lives out-of-state and wants to take my daughter for six weeks of every summer. He is also seeking reduced child support because he has remarried, has a step-son and baby on the way. I am seeking an attorney right now. Can my attorney stop him? BTW, dear dad didn't even get an attorney during our divorce or show up for court. Will the court reconsider now?
Thank you!
No an attorney can not stop him, they can merely represent you at the hearing. Child support is based on a state formula, so if he income has increased or decreased, or if other changes take effect it is always subject to change. In some states, his getting married or having another child has no effect what so ever, in some states that is all taken into effect.
So at court, he will provide them his details, proof of income, may require you to provide proof of your income. After that the judge merely puts it into a formula and tells both of you what he is required to pay.
As for child visitation, yes he can, and since he can not see the child on weekends an extended time in the summer, ( and six weeks is actually very short, he could be asking for 8 to 10 and may easily get that.
So I see no reason he should be easily win just 6 weeks, and most likely a week at christmas or thanksgiving if he asks for that also.
I would say if he has been paying and trying to see the child this is not only reasonable but to be expected. Unless you can prove he is a danager to the child, I believe he has a very good chance of having this awarded
I see no reason why, if his circumstances have changed, that he can't get these adjustments. You can get an attorney to represent you so that your rights and your child's are protected. But the only way you will stop him is if the law is not on his side.
You know I don't know your situation BUT WHAT IS WRONG with him wanting to see his child more. What is wrong with people now a days. And guess what get a job! Or better yet give him custody of your child and see how it feels to not see your child. Im sorry but I'm kind of going threw what he is. But since I split with my ex she did not let me see my son at all. I had to get a order JUST TO SEE MY SON every wed for 3.5 hours and every other weekend. Let up on him for christ sake, let him have his son/daughter in the summer, what harm is that causing you NONE, your just being vindictive
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Originally Posted by crushedovernover
I am not going to "red flag" you - although I have considered it - but you are unnecessarily harsh and jumping to conclusions here - how does whether this person works or not have anything to do with anything?
And "give him custody of your child and see how it feels to not see your child" is NOT legal advice nor is it helpful (other than getting it off your chest).
After reading your bitter, vindictive posting(s) I really can understand why your X does not want you to see your child more often. I don't know if you can keep your bitterness away from the child.
Sorry but you picked your X and had a child with her - next time make a better choice.
It's not out of the question to seek a modification of the visitation and/or custody orders after 3 years. The court will hear his motion(s). He won't necessarily get everything he asks for but he has the right to ask. Having a second child is legitimate grounds for reducing child support (unless his income went up by a comparable proportion since the original amount was set.) If he lives such a distance away that 6 weeks of summer visitation is more realistic than the more traditional every-other-weekend scenario then there's a good chance the judge'll grant it, especially if he had a compelling reason for moving so far away, such as work.
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