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RESOURCES - SINGLE AND DIVORCING PARENTS

« Division of Defined Benefit Plan by Amended Judgment and QDRO | Main | Online Divorce: Warning from AG »

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Jeanne M Hannah

Judith,

If, in fact, your ex-husband is exercising 128 or more overnights per year, you have no recourse. However, if you now have an established track record of him exercising minimal time, while not making significant contributions toward support, you should file a motion with the court asking for a child support review.

Back up your motion with specific evidence about how often he sees the children and how that differs from what he "bargained for" in the divorce.

Good luck to you.

Judith N

I am interested to find out if there have been any amendments or clarifications in SERF. This rule (or whatever it is) was applied in my case b/c my ex-husband figured his CS would decrease by at least 1/2 if he had our children 128+ nights (his original offer for time w/the children was every other weekend and 1-2 dinners a week). Once he learned of the discount he wanted more time. This allowed him almost $1000 a month decrease in CS. This was in 2004. To date, he refuses to spend one cent on our children no clothes, shoes, school supplies, etc. b/c he "pays child support". A whole $435 per month for 2 children.

I know the basis for the formula is equity, but it should be incumbent on the Court to determine and/or have a way to enforce the noncustodial parent's contributions to the expenses of the children to be allowed to receive this tremendous benefit. In my particular case, it isn't happening, there is no equity, and as a result my children and I have suffered for 3 years due to the Court's flippant use of this formula.

I don't understand how a court can apply this formula, and thereby detrimentally affecting the lives of children based on a "presumption" that the noncustodial parent is going to take on, incur or otherwise be "responsible" for expenses of the children simply b/c they stay 128 overnights.

Any feedback????

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