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  • Need Advice (California)

    I currently have a court order or should I say 3 court orders for child support and visitation, the last order that was granted was a move away order with a modification on the visitation. I am unhappy with the visitation that the father got, and the judge would not let me speak on it in court. I was granted my motion to move away, and the father was awarded, 1st, 3rd, 5th weekend, 6 weeks in the summer, EVERY Easter, 1 week at Christmas, and every other Thanksgiving break. He had aan existing court order to pay $450.00 child support which he is currently over 10K behind on... he has not been working since Dec 2008 and has been drawing unemployment, they are garnishing his wages at $22.00 sometimes $44.00 a month and thats all, yet he still has his visitation and all that.

    WHAT DO I DO? Do I need to hire a lawyer to have this played out professionally, or do I just keep doing it on my own? Seems like I get no where and I am the one that is compliant, he is not compliant and he walks into court and gets what he wants... I mean she only has a 7 week summer and he gets 6 weeks? WTF???

    HELP please if you can.... BTW I am in California...

    Sabrina

  • #2
    Yes... get a lawyer!

    The visitation and the child support are separate issues, so "attack" them separately. However, you may want to discuss with your lawyer whether or not her Dad has the ability to provide for her when he has her for all this visitation... since he obviously isn't providing much for her when you have her... it raises the question of what can he afford when she's with him (since $44 a month wouldn't provide her food for the seven weeks he's supposed to have her at once for example).

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    • #3
      Originally posted by Skylynsmommie View Post
      I currently have a court order or should I say 3 court orders for child support and visitation, the last order that was granted was a move away order with a modification on the visitation. I am unhappy with the visitation that the father got, and the judge would not let me speak on it in court. I was granted my motion to move away, and the father was awarded, 1st, 3rd, 5th weekend, 6 weeks in the summer, EVERY Easter, 1 week at Christmas, and every other Thanksgiving break. He had aan existing court order to pay $450.00 child support which he is currently over 10K behind on... he has not been working since Dec 2008 and has been drawing unemployment, they are garnishing his wages at $22.00 sometimes $44.00 a month and thats all, yet he still has his visitation and all that.

      WHAT DO I DO? Do I need to hire a lawyer to have this played out professionally, or do I just keep doing it on my own? Seems like I get no where and I am the one that is compliant, he is not compliant and he walks into court and gets what he wants... I mean she only has a 7 week summer and he gets 6 weeks? WTF???

      HELP please if you can.... BTW I am in California...

      Sabrina
      I have to respectfully disagree with ShakinThingzUp.

      Apparently, you wanted to move and ex was not in agreement. The Judge allowed you to move, and issued a new visitation order that is fair and it makes up for you moving away. If you can prove a mistake of law, you could file an appeal, but you really need to get a consult with an attorney before doing so.

      The CS is another matter though depending on the exact facts. Can you prove that your ex's job loss was voluntary? Can you prove that he is NOT actively seeking employment? IF you can prove those things, you can file in court to enforce the order.
      HOWEVER, do NOT attempt to claim that ex should not have visitation because he cannot support his child- unless you have SUBSTANCIAL PROOF.

      Legally, it does not matter, a visitation order allows visitation, period. Unless the order specifies that visitation is suspended if the CS is not paid (which BTW- would be VERY difficult to get an order stating that).
      Last edited by xena; 06-02-2009, 06:14 PM.

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      • #4
        Visitation v. Child Support

        Unless you can prove that the father does not have a place for the child to stay while she visits, always separate the issues of child support and visitation. In terms of child support, at least ten percent of the workforce is unemployed (one out of ten people), so it is not surprising that your spouse may be one of those people receiving unemployment and unable to pay child support.

        As for the visitation, if the father is incapable or unwilling to see the child, then there is a change of circumstances and you may argue that it is in the Best Interest of the Child that vacation time be lessened. I would get an attorney to help review whether such a change of circumstances has occurred.

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