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Child Support Order Question

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sam1234

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

I have a question regarding some of the language used in my child custody papers. There is a part in it that states "Neither party shall consume alcohol while their daughter is in their care." Me and my child's mother have 50/50 placement and custody. My question is this, I have a wedding coming up and my daughter will be staying with her grandma for the night. I was planning on possibly having a few beers at the wedding. Will I be in violation of my child support order? She will not be in my direct care. Just not sure on the wording on the order.

Thanks
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Wisconsin

I have a question regarding some of the language used in my child custody papers. There is a part in it that states "Neither party shall consume alcohol while their daughter is in their care." Me and my child's mother have 50/50 placement and custody. My question is this, I have a wedding coming up and my daughter will be staying with her grandma for the night. I was planning on possibly having a few beers at the wedding. Will I be in violation of my child support order? She will not be in my direct care. Just not sure on the wording on the order.

Thanks

Technically, you're the one who has visitation, not her grandmother. However, I really have a hard time believing that a court would punish you. You've made arrangements so the child is with grandma and not exposed to your drinking. if you're dragged in, I'd be inclined to say that the order was intended to provide for the child's safety and you did that by having the child stay with grandma, but if the court thinks that's not sufficient, you won't do it again.

Does your ex have right of first refusal? If so, you should offer her the right to watch the child first.
 
It is not common to have a no-alcohol clause in a parenting agreement in Wisconsin. Is there a reason it was put in place? Do either you or Mom have a drinking/drug problem now or in the past? Who asked for the clause to be included?
 

sam1234

Junior Member
chld support order question

No, neither one of us have a drug or alcohol problem. And she only has first right to refusal on week days.
 

haiku

Senior Member
If none of you have or HAD a drinking problem,why was such a HEAVY
restriction on your personal life and choices put in your custody agreement, and WHY would you agree to sgning off on one with that in there?

Even though you have left child in care of grandma for the evening,she is still your legal responsibilty during your visitation period.

The smart this would be to save your drinking for the times you are not in possession of your child. Its not that difficult.

And if there truly is no reason for that clause, the next time you end up on court for an issue aske to remove that claus.
 

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