Shared parenting plan says non custodial parent should have kid 13/30 days but in reality has him 20+ days a month. Custodial parent never helps with child's clothes or food when he's at non custodians house. Why is custodial getting child support?!? Child is never there!
You pay because that is what the current order states is to happen. If you wish to not pay, then you have to file a motion to modify the court order to change the terms of residence and support.
The court does not monitor the situation. Once an order is made the court closes the file and does not keep tabs on what is happening in peoples's lives. The court believes if there is a problem, motions will be filed to bring the problem to the court's attention to solve the issue.
This answer is being provided as general advice only and is not to be relied upon for specific circumstances. By answering the question, no attorney-client relationship is created. As for any matter, it is best to seek consultation in person with an attorney who practices in the area of law in which you are inquiring.
Attorney Kocsis is correct. The proper action is to modify the current order based on a change in circumstances. Since this is shared parenting, you should carefully read the plan and determine if you must attend mediation first. Mediation is often required by the terms of the shared parenting plan before returning to the court. The courts where I practice will not approve the shared parenting plan without such language.
You may also want to pay for a consultation and review the plan, how it is suppose to work,how it is working and what you can expect upon filing a motion to modify.
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