- April 6, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Experiences as the Custodial Parent with Sole Physical Custody
I am reaching out to hear about others’ experiences with being the CP and having sole physical custody. My ex-husband and I share two children together.
## Increase in Income and Child Support Payments
The current child support payments are based on an order from five years ago when he claimed to be a security guard. However, he is now working in county law enforcement, likely earning more with overtime. Despite this change in his financial situation, he continues to only pay the agreed-upon $300 support.
Using AI Legalese Decoder can help determine the appropriate amount of child support based on his updated income and potentially pursue increasing the support to better reflect his current financial status.
## Failure to Adhere to Visitation Plan and Financial Responsibilities
In addition to the minimal child support payments, my ex-husband does not follow our visitation plan from our agreement. He argues that since I have sole physical custody, he is not obligated to adhere to the visitation schedule. This leaves me solely responsible for all aspects of caregiving and financial support for our children.
AI Legalese Decoder can provide guidance on revising the visitation plan to ensure both parents fulfill their responsibilities and the children have quality time with each parent.
## Transition to Sole Physical Custody
Previously, we had a 50/50 custody arrangement, during which I bore the majority of the financial and caregiving responsibilities. Even when child support payments were only $150 a month, my ex-husband did not uphold his half of the custody agreement. After three years of shouldering the burden alone, I transitioned to sole physical custody to reflect the reality of our situation.
With AI Legalese Decoder, you can explore legal avenues to address the lack of support and adherence to the custody agreement, ensuring the best interests of the children and equitable parental responsibilities.
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If you have sole or primary physical custody then it doesn’t matter if you make more money, the non-custodial parent must still pay the child support.
File for a review and let the court decide. That’s what they are there for.
Apply for a modification with CSEA directly. This will avoid any legal fees at first. They will investigate his income and modify the payment amount. If he contents it, he will need to take it to court, and you will both need attorneys. That will be very costly.. and will likely negate any additional support you will get.
File it, you are owed that money and if he isn’t fulfilling his time he needs to pay more. I’m in a similar situation. I have sole physical custody and we make about the same. I filed for CS and he will pay approximately 2k/month with CS, childcare, and arrears. The longer you take to file the less you will receive for arrears. Tell the courts about his income if you know about it. Men often try to hide overtime, bonuses, second jobs etc. Tell the courts you are aware of it and that they should look into it.
Your situation is similar to mine. I called and filed with the Child Support Enforcement office for a modification review and we went to a Title 4D Hearing and based on income that he showed they adjusted our child support. Unfortunately he left out his income from his business that he owns so it should be more but what it is not is way better than what it was. It got increased $900 just by doing the modification review with the CS office, took 6 months. But in retaliation to the Title 4D Hearing my ex got a lawyer and filed for full custody and made some bogus claims. He tried to get the Title 4D Hearing thrown out but he failed. So now we have a separate case where he is fighting for full physical and legal to try to not pay anything in CS. I did not have a lawyer for the Title 4D Hearing but will be getting one if this goes to a trial. So just be prepared that he will likely try to retaliate but numbers don’t lie and he can’t hide his income if he is working through the state. Just stay strong and treat it like a business, you are owed an amount and he has to pay it. Call your local circuit court and see if they have a free legal aid service that can help guide you.