Change in CS
We are going to court with BM in October since SD18 turned 18 and the child support needs to be adjusted so that it only includes SS13. This would be a no-brainer, except that BM tried to pull a fast one by typing up the judges order of $900 for two kids and applying all of the $900 to SS13 so that when SD18 turned 18 two months later, she'd still get the same amount of child support.
Anyways, SS13 has decided he won't come over anymore if DH stays married to me. We had already decided that DH would see SS13 in his own town for 8 months to get our relationship back on track without interference from BM and SS13, but neither BM or SS13 know this. As usual, BM is using SS13 as her puppet to try to control DH and get him to leave me by having SS13 refuse to come over to our house. If she ever found out that we were planning to have it that way anyways, of course, it would all change and she would demand that we have SS13 over, so we are just keeping quiet. DH will arrange to see SS13 in his own town and in 8 months, if SS13 decides to apologize for calling me the "c" word (last time DH told him he needed to - he threw an epic door slamming fit, so I may be rid of him for good), he can start coming over again.
Anyhow - my question is can BM tell the judge that SS13 doesn't want to come over anymore when we go to court and have visitation changed/CS increased? Or is the judge going to leave visitation as is and then if SS13 doesn't want to come over, he doesn't have to? It's not that big of a deal, just curious. We currently have him EOW in the CO, which is pretty standard.
They will likely recalculate
They will likely recalculate support based on current incomes, current custody share, and one child. Please don't expect it to be half of what it was before. It isn't figured that way. The first child ALWAYS is "worth" the most in CS.
So the bio-mother is ASKING
So the bio-mother is ASKING that the child support remain the same. Obviously your husband points out that it used to be 900 and now it should be 450. If the judge orders 5 or 600 well that's what it is.
Don't let go of visitation. Then if Daddy wants he can simply tell Mommy that he won't be picking him up anymore. You can't predict the future and there is no reason to simply give the right away.
No - the judge ordered a
No - the judge ordered a total of $900 for both kids and BM was ordered to type that up. She pulled a fast one and in the line for SD - she put $0, in the line for SS13 she put $900. Of course we are pointing that out in our paperwork and asking for retroactive reduction back to SD's 18 birthday/high school graduation in June. However, because the judge missed this minor detail when she signed BM's typed order, we have to go to court to get it rectified.
We won't give up any visitation - I was just wondering if BM could claim that the visitation is not being used (because SS13 doesn't like me) and have the judge reduce the visitation for that reason. SS13 used to LOVE me and we did everything together - until BM decided she didn't like me and we got into it. I am sure down the road, after everything calms down, we'll work things out.