QUESTION
Can he get the parenting plan changed to have more time so he doesn't have to pay as much in child support?
Asked on Apr 06th, 2015 on Child Custody - Washington
More details to this question:
I have a 2.5 year old son with an ex and we were never married. I could not afford to file a parenting plan, so when the state found out we were on state assistance and not receiving child support, they started the proceedings and in December 2014 a child support order was determined. Our son visits father Thursday night 6pm to Friday 6pm every week as well as every other weekend (Thursday to Sunday). This was the schedule ever since May 2014, even before I filed for a temporary parenting plan in January 2015, in which he agreed and signed at the hearing. Now that I'm almost done with school, DSHS will no longer be helping with daycare and he is threatening to take me to court because he wants our son to go to a cheaper daycare. He is ordered to pay 63%, and I have not received reimbursement although I've sent all paperwork to DCS. In the parenting plan, it states that we both need to agree on a daycare. I have no problem with that and he will be switching daycares soon anyway once I finish my externship and have a permanent job. He has also threatened to ask for more time so he won't have to pay as much in child support. He has threatened that if I don't add his girlfriend to the pick-up list at daycare then, I'm not being compliant. Do I have to add his girlfriend as a person to pick up my son (whom I've never been introduced to)? He also is supposed to allow me to speak to our son for 5 minutes each night and he never answers the phone stating it doesn't work. Is this something I can hold him in contempt for? He will not communicate with me unless he is yelling or threatening court. He didn't even take our son to the hospital when he fell off the bunk bed and received to puncture wounds, or even let me know until I picked him up that Sunday. I had to take our son to the hospital the next day for antibiotics.
2 ANSWERS
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It is unclear from your discussion whether a parenting plan was signed by the court. If so, and he violates it, you can ask the court for an order of contempt. If the arrangement is informal and not a signed parenting plan entered in the court, it is worthless and you don't have to let him have the child until a parenting plan is entered, since he would have no legal right to the child. Wanting to pay less child support is not a reason to change a parenting plan. In any case, if the current plan is entered and is only temporary, he can ask for a different plan at trial, but there is no guarantee the court will grant such a requiest. Has a guardian ad litem been appointed? That might be important if there is a lot of dispute over parenting. You don't have to add the girlfriend to the pick up list. Does the child even know her? It is not unreasonable to have a stable partner pick up the child but a "girlfriend" doesn't really tell me if the relationship is stable, long term etc. I suggest you try to get a lawyer and get a GAL appointed.
Answered on Apr 09th, 2015 at 7:42 AM
Dave Hawkins
Most assuredly. If there is no PP in place, there is no court ordered visitation and he can ask for whatever he wants. You need top take the initiative and file a Petition to establish a residential schedule. It was a mistake for you not to do this at the get go.
Answered on Apr 07th, 2015 at 7:25 PM