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- If court decrees terms of child custody after divorce, but the parents do not follow are there consequences?
If court decrees terms of child custody after divorce, but the parents do not follow are there consequences?
So, if the mom and dad decide after a divorce decree has been entered, that their schedule is going to be different.
There's no implication. The court is not going to police to make sure that that's being followed. The way these orders get policed is by the other party bringing up an issue.
So let's say for a year your custody order says 50/50.
But dad is only seeing them every other weekend.
If you're both happy with that. You're both happy with that.
But wife in that situation can come later on and say, hey the papers say 50/50, you only see them every other weekend. I'm going to file a motion to modify this parenting schedule because it's not fair.
You're not paying the child support.
Because in a 50/50 case, maybe husband's not paying child support, but because he's only really seen them once every other weekend, he should pay more child support.
So, the other spouse enforces the agreement. The court doesn't necessarily enforce it.
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