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PLEASE HELP, modification to parenting plan

br0949's picture

This is kind of a long story but any advie would be greatly appreciated. My husband and I have been married for 2 years now and I have 2 kids from a previous marriage and he had 2 from a previous marriage as well. Last year we had twins. His kids live with BM about 2 hours away. He has been paying $1200 a month for cs, keeping medical and dental insurance for children, paying $70 a month for life insurance on himself for kids, and driving 2 hours to get children and take them home EVERY WEEKEND now for 6 years since divorce. (BM moved after divorce and parenting plan was established) The set amount was wrong to begin with because husband didn't have money to get lawyer during divorce and just pretty much signed his life away and the cs was based on the fact that she was only making $1000 a month but right before divorce she quit her job and she has a BS in education but since he didn't have a lawyer and any way to fight it he just signed it and paid that amount. She started working again right after everything was done and makes quite a bit more than he does. After we had the twins one year ago my husband put in a request to have child support lowered through the state (TN) and after 4 months of nothing we finally was able to get a lawyer and when she was served papers she tried holding my huband in contempt of court which is BS. She said he was always late getting kids (the only time was if he had to work late) but she didn't mention that for 3 years after the divorce he got his kids an extra day in exchange for him paying $1200 he paid $1000 which is one of the ways he screwed up because it was all verbal and she is saying he owes her back cs now and also holing him in contempt for half of medical bills that insurance didn't pay but she claimed both kids on taxes for last 6 years and he was supposed to claim one in exchange for his half of medical bills. All of this happened in March of this year and had a court date in June but when we received paperwork showing that she was holding him in contempt we sent paperwork back holding her in contempt for the tax situation and a couple of other things as well, so her and her lawyer canceled court date. Here it is 4 months after that court date, a year later after we had twins and still nothing is done. Our lawyer told us to try and negotiate with her and that we would have a better chance because it is a 50 50 shot with the judge, just depending on how he feels, so we could get all or nothing. There is no negotiating with her becasue she doesn't want anything changed. She will not provide us with her income and how much she pays in daycare or medical or anything (even though I know it will all come out eventually) it makes it hard to talk numbers when you don't know them all. She keeps saying that it won't work if cs goes down to what our lawyer has told us that it would based on rough numbers which would be half of what he is paying now, and it is being generous on her income and she refuses to do half of the driving. I guess my questions are: would a judge make her do half of the driving since she is the one who moved (she says she moved before and could have a letter from her parents saying she was living with them, but is some bs)any parent would write a letter for their child saying something like that, but she did move after the divorce? How does the cs work, is it pretty much based on the numbers or can she somehow make him pay more? And how long is this going to take? It has been a year now and we are about to loose our house if something isn't done pretty soon! I have never been though anything like this nor know anyone who has either. Any advice at all would help!

br0949's picture

I also agree that it should be every other weekend but my husband actually choose to get them every weekend because he doesn't want to go two weeks without seeing his kids which wouldn't be that big of an issue if she would do half of the driving! He is afraid that if he lets it go to court that since he has been driving like that for 6 years and is just now saying something (which he didnt have the money up until now) and with the fact that she is accustomed to getting $1200 a month and it will be cut in half that a judge may go easy on her and make him keep driving? I just doing know but with all of this it is causing problems for us and since it has been a year since it all first started and having two new babies money is very tight! How long can she keep postponing things before something is actually done? Our lawyer says that both attorneys are trying to set a date that is convenient for both so it doesnt have to be re scheduled but I think she is telling hers to wait!

poisonivy's picture

I know what you're going through with the insane visitation routine. It can be financially devastating. I am so sorry that you're going through this, especially that things are so bad that you could lose your home. My DH has only recently began to understand how his driving almost 4 hours was killing our budget.

And, yes, it could go either way with a judge.