What is your interpretation of this paragraph in a modified order of a decree?
Specifically:
1) For visitation from June 15 - Aug 15, when is the plantiff to send a letter to the Dept. of Health & Welfare?
2) Is the request to be made by the defendant before, during or after the visitation?
"For any period exceeding 30 consecutive days that the Defendant has physical custody of the children for visitation purposes, upon request of the Defendant, Plantiff shall send the Child Support Division of the Dept. of Health and Welfare a signed statement within 10 days of the request. Such statement shall identify the exact dates the children were with the Defendant, and acknowledge that the child support is to be reduced as provided by this Order for that period"
Answer:
If defendant has visitation on June 15, defendant can request the letter 31 days later, on July 16th. The plaintiff must send a signed statement within 10 days, or by July 26th, but the statement would only be for June 15 to July 15. Defendant could then request a second statement on August 15th, covering July 15 to August 15.
It might be easier for both plaintiff and defendant to wait until August 15th and then submit a statement for the entire 60 days. But this is up to the defendant, not the plaintiff.
Why don't you ask your lawyer.
1) The trigger for the 10 days is the request, not the actual dates of the visitation.
2) Not specified.
1. Plaintiff will make the request after 30 days. So, let us say, defendant has custody starting June 15- July 30. On July 16, the plaintiff can send a letter - if defendant makes the request.
2. The request can be made during the visitation or after -but upon completion of 30 days only.
The goal seems to be to reduce the child support if child spent more than 30 days with the defendant. Consent of both parties is required since defendant has the child for 30 days and has to ask plaintiff to make the request. And the plaintiff makes the request.
before the hearing a prepared written petition for visitation must be submitted,so it will be pre-set visitation,.Any arguments are being weighed,Our law is fair and the court of law will always consider the welfare of the children involved,if it is reasonable to reduced the support they'll do it.If you have any arguments or anything you don't understand or want to convey be very clear and ask question before you present your argument to the court,they hate people dragging their children to this kind of mess.Good Luck.
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