child support. no parentime or custody in order.

[freddysoliman]

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

unmarried.
soon as i got served child support papers i applied for child custody. but child support order came first. now waiting for child custody. my child support seems high. is this because no child custody or parenting time in order? how will child custody affect child support? i've had my son 2times during weekday and every other weekend overnights since seperation in 2008. now the mother changed to everyother weekend only just so she can get more child support...and she did. should i get lawyer involved? or with having my son as much as have in the past be good enough to get joint custody???

 

[Proserpina]

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

unmarried.
soon as i got served child support papers i applied for child custody.

Why would you do that? Why wouldn't you have filed before now?

It might appear that the only reason you filed for custody is because you got hit with child support.

but child support order came first. now waiting for child custody. my child support seems high. is this because no child custody or parenting time in order? how will child custody affect child support? i've had my son 2times during weekday and every other weekend overnights since seperation in 2008. now the mother changed to everyother weekend only just so she can get more child support...and she did. should i get lawyer involved? or with having my son as much as have in the past be good enough to get joint custody???

If you're talking about a 50/50 timeshare, that's not going to happen.

The standard is every other weekend and one or two nights per week.

 

[freddysoliman]

Why would you do that? Why wouldn't you have filed before now?

It might appear that the only reason you filed for custody is because you got hit with child support.




If you're talking about a 50/50 timeshare, that's not going to happen.

The standard is every other weekend and one or two nights per week.

ive paid her everything half! daycare, clothes, school, activities, birthdays. i didnt file before because we had a set schedule and now shes changing it to everyother weekend ONLY. why? so that she would get more child support.

 

[freddysoliman]

If you're talking about a 50/50 timeshare, that's not going to happen.

The standard is every other weekend and one or two nights per week.

that may be the standard...but i've had my son 2 times during the week and everyother weekend. isn't that 50/50?? and she wants to change it to less time??? why??? to get more child support. i don't believe thats best interest for the child. 3years of this schedule and now less time??

 

[mistoffolees]

that may be the standard...but i've had my son 2 times during the week and everyother weekend. isn't that 50/50?? and she wants to change it to less time??? why??? to get more child support. i don't believe thats best interest for the child. 3years of this schedule and now less time??

Actually, 2 times during the week and every other weekend (even if you had the child overnight during those weekdays) is only 6 days out of 14 (2 nights each week plus 2 nights every other week). If you didn't have overnights during the weekdays, then it's even less.

You can argue to the court that they should keep visitation at whatever it has been for the past 3 years. Courts tend to prefer to leave as many things unchanged as possible.

As for child support, it may not matter. Your state is a little unusual:
Minnesota Child Support Guidelines Calculator

They calculate child support based on parenting time, but anything between 10% and 45% is considered one bracket. So if you're at 6 nights in 2 weeks (42%), it's the same as if you're at 2 nights in 2 weeks (14%).

 

[freddysoliman]

Actually, 2 times during the week and every other weekend (even if you had the child overnight during those weekdays) is only 6 days out of 14 (2 nights each week plus 2 nights every other week). If you didn't have overnights during the weekdays, then it's even less.

You can argue to the court that they should keep visitation at whatever it has been for the past 3 years. Courts tend to prefer to leave as many things unchanged as possible.

As for child support, it may not matter. Your state is a little unusual:
Minnesota Child Support Guidelines Calculator

They calculate child support based on parenting time, but anything between 10% and 45% is considered one bracket. So if you're at 6 nights in 2 weeks (42%), it's the same as if you're at 2 nights in 2 weeks (14%).

Example (tuesday, wednesday night during the week). and (friday, saturday, sunday night during the weekends). i drop him off at school in the mornings.
so would that be 50%?

 

[Proserpina]

Example (tuesday, wednesday night during the week). and (friday, saturday, sunday night during the weekends). i drop him off at school in the mornings.
so would that be 50%?

You didn't actually mention the Tues and Wed NIGHTS before.

So, in a 14 day period how may OVERNIGHTS do you have?

 

[freddysoliman]

You didn't actually mention the Tues and Wed NIGHTS before.

So, in a 14 day period how may OVERNIGHTS do you have?

7nights. (2days from monday through thursday)(and every other friday through sunday).

 

[freddysoliman]

7nights. (2days from monday through thursday)(and every other friday through sunday).

recently (its EVERY friday through sunday nights. i pick him up from school on fridays and drop him off at school monday mornings.)

now she wants to change it to every other weekend only (friday and saturday nights). and only thing that changed is shes getting child support.

 

[mistoffolees]

recently (its EVERY friday through sunday nights. i pick him up from school on fridays and drop him off at school monday mornings.)

now she wants to change it to every other weekend only (friday and saturday nights). and only thing that changed is shes getting child support.

There are two competing factors:

1. Status quo. If you can prove that you have the child 7 nights out of 14, then that establishes a status quo - and courts like to leave the status quo intact where possible. Keep in mind that this may not be easy to prove.

2. Disagreement. Many courts will not order 50:50 unless the parents agree to it. So the court may have to choose one of you.

The fact that you have a CS order which apparently was calculated on the basis of ex being the primary parent is likely to work against you. But, ultimately, it will come down to whether the judge believes that you've had 50:50 and whether retaining that schedule will be in the best interests of the child.

You also have to look at how your actions appear to the court. You state that the only thing that changed is that she is getting child support. So, to the court, it looks like you didn't care about custody, but now that Mom is getting child support, you want to file for custody as a way to reduce what you're paying. Heck, you even posted this in the child support forum, so it looks like it's all about the money. That won't look good.

Oh, and btw, that schedule becomes much more difficult as the kid gets older.

 

[freddysoliman]

There are two competing factors:

1. Status quo. If you can prove that you have the child 7 nights out of 14, then that establishes a status quo - and courts like to leave the status quo intact where possible. Keep in mind that this may not be easy to prove.

2. Disagreement. Many courts will not order 50:50 unless the parents agree to it. So the court may have to choose one of you.

The fact that you have a CS order which apparently was calculated on the basis of ex being the primary parent is likely to work against you. But, ultimately, it will come down to whether the judge believes that you've had 50:50 and whether retaining that schedule will be in the best interests of the child.

You also have to look at how your actions appear to the court. You state that the only thing that changed is that she is getting child support. So, to the court, it looks like you didn't care about custody, but now that Mom is getting child support, you want to file for custody as a way to reduce what you're paying. Heck, you even posted this in the child support forum, so it looks like it's all about the money. That won't look good.

Oh, and btw, that schedule becomes much more difficult as the kid gets older.

it seems its about the money for her. and i dont think its fair that i pay everything half and have him as much as i do and still paying child support like i dont have/support him. i'm filing parenting time/custody becuase shes changing the schedule to every other weekend ONLY and i cant do anything about it.
i do have proof.

 

[stealth2]

So why didn't you post in the custody/visitation board? 'Cause it really does sound like it's all about the money. For both of you.

 

[Zigner]

You keep using vague terms. How long (ie: 5 months, 9 months, 23 weeks, etc.) has the schedule been "every other weekend?"

 

[CJane]

You do realize that if you make more than Mom, even with a 50% time share, it's likely you'll be paying support, right?

 

[mistoffolees]

it seems its about the money for her.

Yet you're the one who didn't bother filing for custody until after Mom filed for support......