What do I need to do if the father of my daughter not following the court orders child custody? 7 Answers as of March 03, 2014

My daughter's father and I have joint custody with no child support on either end. He was just recently hired for a job and moved out of the mile radius he is allowed for our child. The judge stated that if either one of us ended up making 3 times more than the other, we can go back to court for modification. I am unsure of the steps to take in regards to this and him not following court order with how far away he can move.

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
File a petition to modify child support based on the father's greater earnings. If he violated the parenting plan you can either file a motion for contempt or a petition to modify is the longer distance makes it impossible to follow the parenting plan.
Answer Applies to: Washington
Replied: 3/3/2014
Diane l. Berger | Diane L. Berger
I believe you have two separate actions a contempt for not following the court order. In so far as how far away he can live and an application to modify for a child support review.
Answer Applies to: Nebraska
Replied: 3/3/2014
Atticus Family Law
Atticus Family Law | Matthew Ludt
As to the radius issue, your ability to get judicial relief will depend on whether the move resulted, for example, in an extra 5 minutes drive or extra 50 minutes drive. Obviously school district, county lines, and other factors may also be relevant. A consultation with an experienced attorney will permit you to share all of the relevant info and learn whether there are grounds to be awarded sole physical custody, amend the parenting time schedule in your favor, or secure other relief. As for the child support, Minnesota Statute 518A.28(b) states in relevant part, "a party. May require the other party to give them a copy of the party's most recent federal tax returns that were filed with the Internal Revenue Service. The party shall provide a copy of the tax returns within 30 days of receipt of the request. A request under this paragraph may not be made more than once every two years, in the absence of good cause." If you employ this right after April 15th (assuming he files on time), you would be able to glean a greater understanding of his income from the job.
Answer Applies to: Minnesota
Replied: 3/3/2014
Law Offices of Lauren H. Kane | Lauren H. Kane
You would need to file for a contempt of the order.
Answer Applies to: Pennsylvania
Replied: 3/3/2014
John Russo | John Russo
Nothing, If you end up back in court over that issue, any Judge with half a brain will allow it especially since it was job related. Look you are not married or together any longer, so you have to try and be more practical and rationalize these types of issues not picking on you, just giving you the reality of it all. What would you do if that was a job requirement i.e. the move, now what? You make him choose between his child and the job? And he chooses his child, but now he needs to find employment, and if you lost your job for some reason and needed help in the form of support which the court would grant by the way, you are now screwed, because he is out of work, this stuff happens all the time, trust me I have been a family law attorney for long time. One parent will do something out of principle, (which is equal to stupid) that ends up having the other parent lose their job, or get arrested, all to just get even, or out of principle, and that only ends up hurting the child.
Answer Applies to: Rhode Island
Replied: 3/3/2014
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