For the last 4 or 5 months my Ex has been leaving our Daughter (she's 4yr) at my house for 2, 3 or 4 weeks at a time & our Order is for me to have her on the 1st, 3rd & 5th weekends every month. Our Custody & Child Support Plan was final in Jan. 2016...
I'm EXTREMELY HAPPY that my wife & we have been having extra time with her - BUT My issue is, last Wednesday my Ex told our daughter that she was going to pick her up on Thursday, but she never showed up - She hasn't called, come by or communicated in any way, for 8 days. This is the 3rd time, in as many months, that this has happened & it's disappointing our daughter! Not only that, I'm STILL paying Child Support to her.
To make the situation a little harder, Financially, my wife just had our son on Sept. 27th & she's currently on maternity leave - So we've gone from "Dual Income" to just ONE, and we've gone from a 2 family household to adding my 4yr old & 2wk old.
I'm hoping someone can give me some advice, suggestions or direction. Thanks in advance!
First, you should hire a local family law attorney who can review the situation and recommend options to you. For instance, if you now have another child, your child support amount could be different. However, until you modify the order you will still be obligated to pay the current amount. Please know that often when a party files a modification, the other party will also have things to modify, including the possession schedule. This could work in your favor given the situation you have described. Perhaps you can modify the order with you having primary, but an attorney who knows all the specifics will be better able to discuss this with you.
Thank you very much for allowing me to provide you with information. This information does not constitute an attorney-client relationship nor does it constitute specific legal advice, which I cannot provide in this forum.
I definitely think you should seek to modify both possession and child support - but as soon as you do file, I suspect the EX will change her program. Are you keeping a diary/journal detailing the situation? If not, do so.
I am not intending this to be legal advice, because I don't know the particulars of your situation.
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