Holiday Visitation/Child Support Increase

[lissa23]

What is the name of your state? Live in CA. My fiance has a 4 year old daughter. The visition agreement was made in September 2003. For what ever reason holiday visitiation was never made. So last year as well as this year his ex has denied him visitation to his daughter for Thanksgiving and Christmas as it is "her" weekend. He also has her EOW and would like to get more visitation, say every weekend or three weekends out of the month. He cant do a weekday night as he has to be at work at 5:30 and his daughter lives about 20 miles from our home and his job. Can we go back to court so soon after the order was made to modify visitation? Also what would be our chances of getting it modified?

Also his ex has just found out that we are getting married in May and last night threatend to take my fiance back to court in June to get half of my money. I know that I'm not responsible for his child support but can his child support be increased because of him getting married? The child support order was made in September 2003 and then modified June 2004. I know there are time limits on modification like 2 or 3 years, can she get child support modified in less than a year? Also I believe his child support should also be reduced as we just found out I'm a month pregnaut. We had already discussed going back to court for more visitation and holidays before her threats.

Any information would be greatly appreciated.

 

[stealth2]

Well, as has been stated before, there is no "we". "You" (plural) cannot do anything in terms of a modification. Dad can file to ask that holiday visitation be included. Without it, Mom is under no obligation to provide it.

As for support, you would be "blieving" wrong. His having another child will not affect his support obligation regarding his first child. But, neither will his marrying you - your income has nothing to do with it. (As a general rule)

 

[efcoco1]

Sure..you can take her back to court..to get the orders modified.
I dont know what the standard visitation guidelines are in Ca...but in Texas..holidays are included..unless otherwise agreed. I would talk to an attorney..(free consultation) and find out the best way to handle. Did they both have attorneys..or just 1 to draw papers?? curious.

Child support.
She can take him back to court for a review and modification for child support...every year..but only if his income has increased eneogh to make a good difference...and if she threatens..tell her go for it. The judge will see whether or not she is harrassing you..or has a legit request...and before it goes that far..hopefully an attorney would tell her the same thing...not to say that all attorneys would!

 

[lissa23]

Neither one had an attorney. The court attorney wrote up the paperwork regarding visitation and support