50/50 shared custody

Kelly - posted on 02/19/2016 ( 2 moms have responded )




Ive been divorced from my daughters father since 2007, she is 11 now. We have had joint custody but I've always had full physical custody. Up until sept of this year she has always gone with him Mon and wed from 6pm and then he took her to school the next day and every other weekend. He has tried to take full custody twice and the last time in sep 2015 the judge proposed 50/50. To be civil I agreed. Then 3 months later he petitioned me to stop his support. He has stopped paying for a few weeks then makes a payment then stops etc. The child enforcement unit is involved too so now we have been going to court for that. This school year she is failing school. Her brother and her would do homework together, he is 14 so he was helping her learn. They were always close. Like I said now she's failing school. Her brother and her aren't close anymore it just seems like so much has changed in a negative way and not in her best interest. Our little family of 3 is torn apart. She says she wants it to go back to how it was but she's afraid of her dad, and I'm afraid that what she wants and how she feels won't be supported by the judge. Its not the money its his tactick that gets me. He told her when on the phone with me that I'm not getting anore money from him, we will get evicted from our home and she won't be living with me anymore. What can I do to reverse this??


Raye - posted on 02/19/2016




If the time the father spends with the child has increased, then it's only reasonable that the amount of support he pays should be decreased. Custody and support are two different systems, though. So it's up to the individuals to get support updated when custody is changed. That being said, if you have proof that the change in custody is detrimental to the child, you can present that evidence to the court and ask for the custody orders to be amended again. If the judge makes any change, then you'd have to advise the support agency and they should adjust the support requirements accordingly. It depends on the judge and circumstances on whether they will consider the child's wishes in the decision. Different districts may have different age restrictions on admitting a child's testimony into the proceedings. You may want to consult with a lawyer who knows the local laws, and can give you more specific information regarding probable outcomes of a situation such as yours in your area.


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♫ Shawnn ♪♫♫ - posted on 02/20/2016




If there is 50/50 shared custody, then neither parent owes the other support, and it should be adjusted.

I'm taking it that your son has a different father? Are you getting support from his father? If so, and if your daughter is only with you 1/2 time then you should be meeting your expenses., unless there are extenuating circumstances, or you are living beyond your means.

If your daughter feels threatened in her father's home, she needs to involve her school counselor who can then take actions to get her into other counseling and support. This can assist if she wishes to have her situation reviewed, as she is reaching the age where she may be able to have a choice in her primary residence.

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