• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Not Sure About % - Modification to CS

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? California (Riverside County)

I recently had a modification to my parenting time which now allows me much more time with my two year old daughter. When child support was initially calculated, I only had her on my days off; which was 7 or 8 days a month. I now have my daughter closer to 50%.

I am in the process of filling out the paperwork to modify the support amount, but I have a few questions.

My new schedule with her is every Tuesday from 8:00 am until Thursday at 8:00 am, as well as every other weekend. The weekends are from Friday at 6:00 pm until Sunday at 6:00 pm. We are both allowed 4 weeks of vacation a year, and holidays are alternating.

I am having a difficult time figuring out the actual percentage of time that I have my daughter. When I am entering the days in the online calculator, I am not sure if I should be including the half-days that I have her (such as Friday evenings.)

Can anybody help me figure this out based on the schedule that I listed above?

One other thing...
I have a feeling that mom is picking up extra shifts at a different hospital. How can I make sure she includes ALL of her income in her financial statement, and not only that of which comes from her primary employer?
 


momofrose

Senior Member
What is the name of your state (only U.S. law)? California (Riverside County)

I recently had a modification to my parenting time which now allows me much more time with my two year old daughter. When child support was initially calculated, I only had her on my days off; which was 7 or 8 days a month. I now have my daughter closer to 50%.

I am in the process of filling out the paperwork to modify the support amount, but I have a few questions.

My new schedule with her is every Tuesday from 8:00 am until Thursday at 8:00 am, as well as every other weekend. The weekends are from Friday at 6:00 pm until Sunday at 6:00 pm. We are both allowed 4 weeks of vacation a year, and holidays are alternating.

I am having a difficult time figuring out the actual percentage of time that I have my daughter. When I am entering the days in the online calculator, I am not sure if I should be including the half-days that I have her (such as Friday evenings.)

Can anybody help me figure this out based on the schedule that I listed above?

One other thing...
I have a feeling that mom is picking up extra shifts at a different hospital. How can I make sure she includes ALL of her income in her financial statement, and not only that of which comes from her primary employer?
First - congratulations on obtaining more parenting time with your children.
Second - the way i calculate it - you have your children 184 days of the year while she has them 181 days - so yes you have 50% of parenting time.

104 days for every Tuesday - Thursday - (2 overnights) x 52 weeks
52 days for every other weekend (2 nights) x 26
28 days for vacation

In my experience Holidays usually do not count (since they usually alternate).

As far as other income, the only thing you can do is request all financial information. If you have proof that she extra income and he does not provide in her case statement, then you can submit your proof to the court.

Good Luck
 
Thank you for your help, Mom.

Obtaining this new parenting schedule was NOT easy as mom fought it the whole way, but it was well worth the fight.
 

SESmama

Member
You are including weeks the other parent has the child so it could not be 184 overnights.

2 overnights (T/W) x 48 (and that is MAX)
2 overnights (EOW) x 22 (again MAX)
24 overnights (4 weeks vaca/ 6 permitted each)
Then you can figure in what the exact split is for holidays

See 52 total weeks in 1 year but there are weeks you don't have the child. That means only 48 weeks for T/W overnight. EOW is the same. And a week is generally configured 7 days (or 6 overnights).

So 96+44+24=164. then add in the holidays. I doubt it is 20 overnights.

Possibly still enough to consider 50/50 but you need to check your order. Overnights are what matter, not half days but actual overnights.
 

CJane

Senior Member
I think this is one of those areas where CA differs from most other states, and parenting time % is NOT based solely on overnights.
 
I think this is one of those areas where CA differs from most other states, and parenting time % is NOT based solely on overnights.
This is where I am having a difficult time understanding what should be included in the number of days that I have her. Am I to include the days when she is with me until 6pm? What about the days that I don't get her until 6pm?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top