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Child support, legal marriage , safety of children

notice child support paper are wrong after i already signed. They state the ex pay for health insurance and day care expenses when i do though my job. Also ex got remarrierd one day before court filed our devorice papers and ex wants to not have vistation where court order it to be and wants to transport children un safely to and from visitation what can i do . What are my legal rights to protect my children.

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Attorney answers (2)

Reputation Level 15
You have to follow the order until it is modified. Have your lawyer file for a modification in court to reflect the actual daycare expenses and health insurance premiums. Your ex cannot change the location of the visitation if it is specified in the court order. You can insist that he follow the order and refuse to have visitation elsewhere, but keep in mind, if you are seen as being unreasonable, the judge might not be happy when you go for a modification.

As for safety, you weren't specific enough. If the children really are unsafe, than it's your job as a parent to prevent from being unsafe. However, once again, I've seen many situations where parents (usually moms) say that the dad is being unsafe when in reality the mom is just being over protective and difficult because she no longer likes or trusts the father. You need to look long and hard at what your issues are. If it really is a safety issue, bring it to the attention of the court. If not, just forget it, as you are never going to trust your ex fully because of the breakdown of your marriage.

If this sounds a little harsh, I don't mean it to be, but you'd be much better off not going to court, wasting money and irritating the judge over something that is only bothersome to you. Check with your lawyer and see what they think of your chances for a modification. Ask them for an objective evaluation than follow their advice. Good luck to you.

Reputation Level 20
An appeal to the court to reduce the support can be done if income has declined or there is an argument to make about extenuating circumstances that you feel the court did not take into consideration. These may include custody of another child or financial hardships; if you have another child to support, the law allows for asking to reduce child support. If you had become unemployed since the amount of his payments were calculated, the judge may say you can reduce support.

Check with your own attorney to make sure your children's position is best represented.

Note: This post is for education only and does not create an attorney client relationship between the questioner and the out-of-state attorney. This website is not a substitute for legal advise by an attorney in your state. Seek one to confirm or check the observations made by the out-of-state attorney. The law changes and is different from jurisdiction to jurisdiction.

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