[Search for users] [Overall Top Noters] [List of all Conferences] [Download this site]

Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

325.0. "exit" by QUOKKA::29881::LEBLANC () Fri Sep 09 1994 08:22

    How does one go about gaining custody of their 15 year old daughter who
    has recently moved in with him? It was her dicision as well as a
    request from her mother. Now the mother is filing for an increase in
    child support. Do I have to have the mother sign anything? If so, what
    happens if she now does not want to sign but the daughter does not want
    to go back with her. Who do I contact to get the process started?
T.RTitleUserPersonal
Name
DateLines
325.1has to be done throught the courtQUOKKA::29067::HADDOCKSaddle RozinanteFri Sep 09 1994 08:3818
    
    re .0

    Unless you have some expertise in law, you will probably need to start
    with a lawyer.  You will have to file a "change of custody" motion
    with the court.  The mother, if she is willing, can file a
    "stipulation" agreeing to the change.  Then the court order  granting 
    the change wil be 99.99% automatic.  Until you do that, the custody of 
    the daughter is still legally with the mother.  At age 15, the courts 
    will probably  give considerable weight to the daughter's wishes.  Also 
    the longer the daughter has lived with you the better.  Make sure the 
    daughter is willing to follow through before sinking any big bucks in 
    legal fees.  

    Why is the mother filing for increase in "child support" if the
    daughter is living with you?

    fred();
325.2QUOKKA::3737::RAUHI survived the Cruel SpaFri Sep 09 1994 08:4612
    And if you are living in Mass..... and your paying alimoney/maintence,
    you might get a child support payment reduced, but watch out for
    getting the alimoney increased. 
    
    I will also second Freds statement about getting a lawyer. I would also
    talk to mother about the two ways we can solve our differnces.
    Nicey-nicey....or nasty-nasty. And if she wants to do it nice, settle
    out of court and get what is fair. And if she wants it nasty. Tell her
    if she understand the terms and conditions of bankruptcy. Cause
    sometimes fighting over such crappie can bring it about fast. Cau$e
    lawyer$ co$t$ money.
    
325.3Filed when daughter was at homeQUOKKA::29881::LEBLANCFri Sep 09 1994 08:484
    She filed last may when my daughter still lived at home. She move in
    with me last July and has no intention of leaving. I was hoping that
    when we go to court for the child support modification that the judge
    with take into consideration that my daughter now lives with me.
325.4QUOKKA::3737::RAUHI survived the Cruel SpaFri Sep 09 1994 08:535
    Go down to the court house, and ask for some paperwork for change of
    custody and see what happens. Sometimes, in Mass, they seem to have a
    fill in the blanks for all kinds of stuff and see what they say.
    Besides getting a lawyer.
    
325.5Medical insuranceQUOKKA::29881::LEBLANCFri Sep 09 1994 09:073
    Another question is:
           I pay the medical and dental insurance for the kids. Also my x
    is on the medical plan. Does this count towards child support?
325.6QUOKKA::3737::RAUHI survived the Cruel SpaFri Sep 09 1994 10:074
    It can be a card to trade with.:) If it is written in the orginal
    decree. If she is remarried, you have a real trade-able.;) If she is
    living with some man, or remarried, she is a big girl, and you should
    not be paying a farthing for it.
325.7insurance and child supportQUOKKA::29067::HADDOCKSaddle RozinanteFri Sep 09 1994 11:1411
    re .5
    
    In many states, the cost of insurance and who is paying it is figured
    into the child support.  It is usually not a direct deductable, but
    the cost is taken into account when setting child support.  Again
    you will have to check with the local laws and formulas for setting
    child support.  You can probably go look those up in a public or
    university (usually open to public) library if you don't want to 
    pay a lawyer to "research" it and explain it to you.
    
    fred();
325.8AIMHI::RAUHI survived the Cruel SpaFri Sep 30 1994 11:571
    .0 How are things going?