QUESTION
Ground for modification of reserved order?
Asked on Mar 09th, 2015 on Child Support - California
More details to this question:
Divorced, in the order we decided on 30/70 timeshare, with my portion being the 70%. The order also addresses child support as reserved. For the past year, we have done 50/50, week on week off. It hasn't been working and I want to go back to 30/70. I am employed full time at the same job for over 10 years, i provide the health, dental and vision insurance for my child. I have always been the one to take him to the doctor, dentist and done school enrollments. The other parent is proclaimed self employed, and lives in a house owned by her mother that she has given him. He is at home all day and still states that he can no longer take the child to school in the morning or pick him up. Co-parenting is not working. My son is 10 and doesn't want to spend 50/50 with him. Do I have grounds to file for modification of the order and get child care, child support and go back to the former timeshare of 30/70?
1 ANSWER
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If your most recent order provides for a 30/70 timeshare, then you are free to return to that schedule without returning to court. It will be incumbent upon your ex to file a request for order seeking implementation of the 50/50 schedule. You will just need to give the other parent notice of your intention to return to the ordered schedule.
I assume he will in fact file a request for order seeking the 50/50 timeshare. Once that occurs, you will need to respond by filing a responsive declaration in which you will provide the court with all of the reasons that you no longer feel that the 50/50 schedule is in the child's best interest, and request the orders you feel are best. You will be required to attend mediation before the judge hears your case. It will be important that you are firm in mediation on the orders you feel are best and to describe to the mediator all of your concerns. You may ask the mediator to interview your child before making a recommendation since you believe your child will say that he prefers not to be with his father so much of the time. Do not coach or attempt to influence your son into making any specific requests to the mediator. The best you can do is to tell him to be brave in sharing his feelings and to be honest.
Good luck to you.
Answered on Mar 09th, 2015 at 11:47 AM