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tomturkey

tomturkey

Brain (6,477)

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Submitted 15 days ago...

NHDad

NHDad

New User (9)

NH courts. Can a parent get child support if there is Joint custody?

Have joint mother is reopening case to try to take one of my three weekends and file for child support. I had to give up some time on this one weekend because on my work schedule. I work nights now (for 6 months) and due to our plan, if either will not be with child for more than 8 hours we have to offer her to the other parent. So on the 3rd weekend when I have to work she sleeps at her mothers, but I can still take her during the days, and usually do. Unless her mother asks for time for a family thing or activity my daughter wants to do with friends. My live in girlfriend of 3 years could actually be home with her and watch her those nights if allowed. We have been flexible with the sched for years now. Out of the blue she reopened the case and I got served to go to a hearing. She says she wants to change the parenting plan due to my work, that I am not only to sharing costs, and she wants support. we both schedule activities for her on our own time and pay for them ourselves. She became upset when I did not want to agree to a soccer program that would take place on my days with my daughter and was in her area 45 minutes away. I enrolled her in swimming and gymnastic programs in my area that she wanted to do and paid for them. Im not against activities as I can show due to her involvement and her mother never asked me for any set amts of money for any programs. Will the court take away any time from me due to these circumstances and award support?

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Answer 1 / 6 - Submitted 14 days ago...

tomturkey

tomturkey

Brain (6,477)

Your ex has no reason to file a motion to modifly the orignal joint custody order, or to ask for child support. You are not doing anything that justiflys a modivacation of the orgnal order. Your ex is trying to get sole custody because she thinks by doing this she can then ask for child support, and it is not that cut and dried, once a joint custody is inforced though the unless your ex can show the court that there is a sustantional reason to ask for custody, like the non-custodial is being abusive of their child(ren). Don't be surprized if the court does not order the both of you to go though mediation to work out your differences. As far as child support the law in NH states that in cases where both parent(s) have equal custody (joint) the child support will usally have a lot to do with the finances of both parents for instance, if one parent makes a considerable amount more than another parent does, they might be required to pay child support even if they have joint or equal custody. Each Child support and custody case is dealt with case-by-case bsis for these reasons. If you make arrangements for your child for dance lessons ect, then your ex does not have the right to exspect you to drop your plans for her plans, if you are wanting to make plans for activies on the mon;s time then ou would need her consent. You should consult with an attorey, there are many out there that offer free consutaion so worth at least consulting with.

 
Answer 2 / 6 - Submitted 14 days ago...

NHDad

NHDad

New User (9)

Thanks so much for your reply. I was pretty sure after talking to a few people who have gone through similar issues that I should not be worried about losing any time. I just get nervous because you never really know what might happen when you go to court. Even when I read what the laws state and hear I shouldn't worry too much, I still get worried and scared about things not working out fairly.

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Answer 3 / 6 - Submitted 14 days ago...

tomturkey

tomturkey

Brain (6,477)

Your welcome, and it is always good to ask for advice when in dalt, hope this all works out for you!

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Answer 4 / 6 - Submitted 14 days ago...

NHDad

NHDad

New User (9)

I have one more question. I just reread my agreement and I think it may solve my problem with my 8 hour clause. The agreement states:

-If a parent requires child care by some person who does not reside in his or her residence, for a period of reasonable expected to last longer than 8 hours or any overnight period, then the other parent shall be offered the opportunity to parent the child. This section does not apply to regularly scheduled day care.

This order was added because she spend many nights at random friends houses who I did not know. And also she got mad when I would let her sleep over her grandmothers house occassionaly.

Does this mean now that my girlfriend of 3 years who now lives with me can watch my daughter at night while I am at work without me violating the order?

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Answer 5 / 6 - Submitted 14 days ago...

tomturkey

tomturkey

Brain (6,477)

Your right the stipulation is different than what you stated, let your girlfriend watch your child, and the statement where it states that the other parent shall be offered the opportunity, I am so glad you looked over the custody papers. Yes in answer to your question your girlfriend can watch your daughter not saying the mother will like it, but your not violating your custody order.

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Answer 6 / 6 - Submitted 14 days ago...

NHDad

NHDad

New User (9)

Thanks again. I can't tell you how much less stress I feel already! I really appreciate your help.

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This Question was awarded 10 days ago therefore you can no longer post an Answer. However you may post a comment below.

 
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Submitted 10 days ago...

NHDad

NHDad

New User (9)

Very informative.

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