Childs Father Fighting To Reduce Child Support Payments
My son's father and I were never married and he has never been a parent to my son. We've been through numerous placement schedules and he has never utilized his given time. In 2011 he wanted to terminate his parental rights (literally stating "I don't want to pay for a kid I don't see anyways" - he's a horrible person) which I consented to because he is not a parent to my son anyways and i felt it was in his best interests.
We were referred to mediation (AGAIN) and told that this would most likely not happen because I did not have a significant other who could step in and adopt my son.
From here we came to an agreement that gave his father very limited time.
-He has to contact me 48 hours in advance from the day he would like to see him.
-He must return him to me by 7:30 pm regardless of the time he picked him up.
-no more than 5 days per month - of which can not be more than 2 weekend days
-custody is shared, but I have impasse
For a significant period of time BEFORE our most current agreement and ever since this he has not tried to see my son. Not a single time.
I recently had child support increased. I have postponed this for a long time because I didn't want to rock the boat-I would have continued to put this off but I am a full time student with a child so i have very limited availability to work.
He was extremely unhappy with this increase and chose to amend it. With this amendment he also filed a motion to increase placement time literally stating in the motion that he would like his time increased bringing it from 5 days per month to 38%- with a schedule
of when he would want him and calculations of what his child support should be with the increased placement time.
Now to me it seems it should be pretty obvious what his motives are. The only way he could have made it more obvious is by writing in red pen on the front of the motion "I only want placement time to lower my child support payments!" I am certain he wouldn't utilize this new schedule either. And he doesn't deserve to even have the time whether he uses it or not!
I am concerned with what to expect because he always goes into court and puts on a big show! He'll claim that i prevent him from being involved in our sons life and that he wants to change and so on and so forth. it's disgusting.
OH and the best part is, he didn't even fill out the motion, his girlfriend and mother of his 2 year old daughter did. He can definitely afford the payments, he lives with his parents and has $800 a month in auto loans. Doesn't pay rent, Doesn't buy groceries and grosses $4000 a month.
I do not want to back down to his demands any more! I am sick of it! I know that If i agreed to whatever he wanted to pay he would drop the motion for increased placement but then he wins!
Should I be worried? Will the court recognize this and take the facts and history of our case into consideration or will it turn into something bigger like a study (since we've been through mediation so many times already) I am just frustrated and don't know what to do or what to expect. I am utilizing my resources and meeting with law students tomorrow who can sometimes represent litigants because the cost of a lawyer is simply not in my budget.