Calculation of time spent with child

[divorceddad]

What is the name of your state (only U.S. law)? CA

Hello. I am trying to best understand how to calculate time spent with child for child support calculation purposes.

I will use a 2 week period as an example. In this 2 week period, I keep my child overnight on Tuesdays and Wednesdays. Every other weekend I have my child for the weekend starting on Friday evening.

She is technically the custodial parent because I have to fly for work on occasion and hence do not have my son for 183 days per hoh so do not qualify as custodial parent. Our divorce states joint legal and physical custody.

Due to work commitments, I pick up and drop off at my ex. In calculating I used the following: There are 336 hours in a 2 week period. Of those, I see my child for 100 hours. My ex has the child for a total of 136 hours. The other 100 hours the child is at school.

So what calculation do I use. I see a few options

1) Calculate percentages and exclude the 100 hours of school time. In this case I am at approx 42% to her 58%

2) Calculate percentages and include the 100 hours of school time to her? In this case I am at approx 30% to her 70%

3) Split the 100 hours?

In essence we have him physically in our presence in number 1 above. However I am not sure what a judge would use

Any ideas and advice appreciated

 

[LdiJ]

What is the name of your state (only U.S. law)? CA

Hello. I am trying to best understand how to calculate time spent with child for child support calculation purposes.

I will use a 2 week period as an example. In this 2 week period, I keep my child overnight on Tuesdays and Wednesdays. Every other weekend I have my child for the weekend starting on Friday evening.

She is technically the custodial parent because I have to fly for work on occasion and hence do not have my son for 183 days per hoh so do not qualify as custodial parent. Our divorce states joint legal and physical custody.

Due to work commitments, I pick up and drop off at my ex. In calculating I used the following: There are 336 hours in a 2 week period. Of those, I see my child for 100 hours. My ex has the child for a total of 136 hours. The other 100 hours the child is at school.

So what calculation do I use. I see a few options

1) Calculate percentages and exclude the 100 hours of school time. In this case I am at approx 42% to her 58%

2) Calculate percentages and include the 100 hours of school time to her? In this case I am at approx 30% to her 70%

3) Split the 100 hours?

In essence we have him physically in our presence in number 1 above. However I am not sure what a judge would use

Any ideas and advice appreciated

Does the weekends end on Sunday?

The school hours do count. You don't get to leave them out. Whether they all get allocated to mom or some of them get allocated to you depends on the details of your court orders. Are you responsible for their after school care on Tues, Weds, and Fri of your weekend?

 

[divorceddad]

The weekend for me starts around 6pm on Friday and ends when I drop him off at the ex at 7am on Monday. For the Tuesday, Wednesday and every other weekend, I pick him up at 6pm (he stays at school until 5pm) and then drop him off the next morning at 7am (he starts school at 8am). So she technically watches him for me a few hours each day. As for the order, it was done when he was 6 months old. He is now 5. We never went back to court but agreed on visitation as is shown above

 

[divorceddad]

I forgot to mention. We have joint legal and joint physical custody per the divorce decree

 

[LdiJ]

The weekend for me starts around 6pm on Friday and ends when I drop him off at the ex at 7am on Monday. For the Tuesday, Wednesday and every other weekend, I pick him up at 6pm (he stays at school until 5pm) and then drop him off the next morning at 7am (he starts school at 8am). So she technically watches him for me a few hours each day. As for the order, it was done when he was 6 months old. He is now 5. We never went back to court but agreed on visitation as is shown above

Ok...since you are picking the child up from mom, and returning the child to mom, then I am guessing that if it goes by hours, the school hours get allocated to mom.

If its scheduled that way, it doesn't count as mom watching the child for you.

 

[kimberlywrites]

The purpose of child support is to make sure the child has a roof over his head/clothes on his back/food in the fridge whether he's with you OR your ex.

 

[divorceddad]

I totally agree with the last statement. The only reason I am looking into this is because I am now unemployed and money is tight. I still pay the same amount right now until we go to court. When I was working, I went out of my way to help as much as I could since she was unemployed for long periods. Now that I am unemployed, she is not willing to show me the same courtesy. I would rather lower child support and keep the difference knowing it will be used on him versus her using the money on herself. FYI. My monthly payments are $2000 a month

 

[Proserpina]

I totally agree with the last statement. The only reason I am looking into this is because I am now unemployed and money is tight. I still pay the same amount right now until we go to court. When I was working, I went out of my way to help as much as I could since she was unemployed for long periods. Now that I am unemployed, she is not willing to show me the same courtesy. I would rather lower child support and keep the difference knowing it will be used on him versus her using the money on herself. FYI. My monthly payments are $2000 a month

She's absolutely allowed to use the money on herself.

 

[divorceddad]

And why would that be. So the child can be hungry so she can go out to dinner? I already paid her enough spousal support. I thought this was called CHILD SUPPORT, not SPOUSAL SUPPORT

 

[Proserpina]

And why would that be. So the child can be hungry so she can go out to dinner? I already paid her enough spousal support. I thought this was called CHILD SUPPORT, not SPOUSAL SUPPORT

Because child support is to reimburse the parent for costs incurred.

And I'm guessing the child doesn't go hungry. You would have mentioned that if it were truly the case.

Mom is putting a roof over kiddo's head, food in kiddo's belly, clothing on kiddo's back.

Hence she can use whatever money is leftover - no matter the source - on anything she pleases.

 

[kimberlywrites]

And why would that be. So the child can be hungry so she can go out to dinner? I already paid her enough spousal support. I thought this was called CHILD SUPPORT, not SPOUSAL SUPPORT

Are you an engineer? Just curious.

 

[kimberlywrites]

I totally agree with the last statement. The only reason I am looking into this is because I am now unemployed and money is tight. I still pay the same amount right now until we go to court. When I was working, I went out of my way to help as much as I could since she was unemployed for long periods. Now that I am unemployed, she is not willing to show me the same courtesy. I would rather lower child support and keep the difference knowing it will be used on him versus her using the money on herself. FYI. My monthly payments are $2000 a month

Have you contacted your state's child-support-collecting agency and let them know?

 

[Zigner]

She's absolutely allowed to use the money on herself.

I've said it before and I'll say it again...when I get the child support that's owed to ME, I'm buying an airplane and a couple of cars!!!

 

[mistoffolees]

I totally agree with the last statement. The only reason I am looking into this is because I am now unemployed and money is tight. I still pay the same amount right now until we go to court. When I was working, I went out of my way to help as much as I could since she was unemployed for long periods. Now that I am unemployed, she is not willing to show me the same courtesy. I would rather lower child support and keep the difference knowing it will be used on him versus her using the money on herself. FYI. My monthly payments are $2000 a month

Your ex doesn't have to show you the same courtesy. All that either of you have to do is exactly what the court order says.

However, I'm confused. In your first post, you said: "Due to work commitments, I pick up and drop off at my ex". Now you're saying you're unemployed. So which is it?

If you are unemployed, you can file for a modification of your child support.

 

[Silverplum]

Y'know, instead of YELLING AT the volunteers helping you, why not educate yourself first?

The concept of how child support works has been explained here a bazillion times. And as for the rest of the internet? Sheesh.

There's no cause for you to YELL. There is cause for you to READ.

And why would that be. So the child can be hungry so she can go out to dinner? I already paid her enough spousal support. I thought this was called CHILD SUPPORT, not SPOUSAL SUPPORT