Child custody/visitation question for those that can help

[sddad]

Child custody/visitation and support question for those that can help

What is the name of your state? CA

My g/f and her ex stipulated on the divorce decree that she was to have primary custody of their two children and for him to have the kids every other weekend. As stated on their agreement he would have the kids from Friday night through Sunday evening. Their divorce was finalized last November and since day one he has never lived up to his agreement. He rarely does things with the kids outside of taking one to school daily in the morning and maybe does things with them once every 3-4 weeks. His time with them is usually from a Saturday or Sunday afternoon to early evening and he drops them off back with her. At the most 4-6 hours on the day and they are back with her. Never has he kept them overnight like the final agreement stated.

My question is what can she do about this? Raising the kids by herself is very difficult and sometimes it is nice to have a little break. When the other parent can't even spend quality time with his kids that says a lot about his priority. Is anyway that she can document this with anyone and go after him for 100% custody or close to it and also to make him pay more for child support? The bottom line is that she wouldn't mind if he would spend some time with the kids as per the agreement of every other weekend and therefore giving her a little break as well.

Another thing I wanted to add was that he has gone back to court to file a petition for reducing the amount of child support in lieu of what's been going on with him not living up to the arrangement they had. Moreover, since day one he also has not lived up to supplying her with the full amount of the child support that they had agreed upon as well. Every month he would be short in the amount and it has been going on since November. Can you believe this??

Sorry for being long but any suggestion is appreciated.

TIA

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

My g/f and hex ex stipulated on the divorce decree that she was to have primary custody of their two children and for him to have the kids every other weekend. As stated on their agreement he would have the kids from Friday night through Sunday evening. Their divorce was finalized last November and since day one he has never lived up to his agreement. He rarely does things with the kids outside of taking one to school daily in the morning and maybe does things with them once every 3-4 weeks. His time with them is usually from a Saturday or Sunday afternoon to early evening and he drops them off back with her. At the most 4-6 hours on the day and they are back with her. Never has he kept them overnight like the final agreement stated.

My question is what can she do about this? Raising the kids by herself is very difficult and sometimes it is nice to have a little break. When the other parent can't even spend quality time with his kids that says a lot about his priority. Is anyway that she can document this with anyone and go after him for 100% custody or close to it and also to make him pay more for child support? The bottom line is that she wouldn't mind if he would spend some time with the kids as per the agreement of every other weekend and therefore giving her a little break as well.

Sorry for being long but any suggestion is appreciated.

TIA

My response:

I am absolutely sure that your friend has all of this documented, correct?

There is nothing she can do to obtain full custody, or to have his visitation scheduled changed. He does not have to take advantage of his visitation if he chooses not to. HOWEVER (and this is why documentation is so important), she can have her child support increased based upon the PERCENT of time she has the children. You see, that's his impetus to take advantage of his visitation - - either take your visitation time, or pay more money. It's a real simple equation.

Your friend should file a Motion to have child support increased.

IAAL

 

[sddad]

Thanks IAAL....To follow up on the documentation of how much time he spends with the kids. What is the best way to document this outside of her words against his words of his visiting schedule. What would be a good way to prove this in court? She has plenty of witnesses such as her family, friends, etc... Is that good enough? Can you believe that he has filed to have his child support reduced? Makes me mad just to think about it.

 

[I AM ALWAYS LIABLE]

Thanks IAAL....To follow up on the documentation of how much time he spends with the kids. What is the best way to document this outside of her words against his words of his visiting schedule. What would be a good way to prove this in court? She has plenty of witnesses such as her family, friends, etc... Is that good enough? Can you believe that he has filed to have his child support reduced? Makes me mad just to think about it.

My response:

Calendars with written notes of the facts are entered into evidence all the time.

IAAL

 

[I AM ALWAYS LIABLE]

My further response:

Under Family Code § 3028, when a parent's failure to comply with an outstanding custody or visitation order or agreement results in added child care costs to the other parent, the latter parent is entitled to be reimbursed for the obligations so incurred. [Ca Fam § 3028(a) & (b)]

The scenario envisioned by § 3028 is one parent's incurring additional costs because of the other parent's "default" under a custody or visitation order or agreement. Section 3028 states in relevant part: "The court may order financial compensation for periods when a parent fails to assume the caretaker responsibility . . . The compensation shall be limited to (1) the reasonable expenses incurred for, or on behalf of a child, resulting from the other parent's failure to assume caretaker responsibility . . ." Ca Fam § 3028(a) & (b).)

There is a statutory threshold condition to the right to request such reimbursement. The moving papers (motion or OSC) must allege, "under penalty of perjury," a minimum of $100 in expenses so incurred or at least three occurrences of failure to exercise visitation or custody rights within the six months prior to filing for the relief. [Ca Fam § 3028(c)]

IAAL