CS and overtime

[3UofMfans]

NC

My ex and I are hopefully about to agree to a 50/50 custody schedule. If I have to reduce my hours at work in order to have this schedule will the courts base CS on my new income?

I work 24 hour shifts so I can't just put them in after school care. I will be reducing my hours to average 40 hours per week. My alternative is to only see the children 3 days a month. I could keep my current income if dad would agree to let my parenting time be on my 4 days off but he will not agree to that.

 

[LdiJ]

NC

My ex and I are hopefully about to agree to a 50/50 custody schedule. If I have to reduce my hours at work in order to have this schedule will the courts base CS on my new income?

I work 24 hour shifts so I can't just put them in after school care. I will be reducing my hours to average 40 hours per week. My alternative is to only see the children 3 days a month. I could keep my current income if dad would agree to let my parenting time be on my 4 days off but he will not agree to that.

Dad may not agree to that, but a judge might order it if you let a judge decide. Please describe your current work schedule on a monthly basis.

 

[3UofMfans]

My attorney does not think the judge will give me the 4 day off option. Dad had our sons therapist testify saying he needs stability. Dad says my schedule is not stable. It is based on a 9 day work week instead of 7 days. I work 24 on/24 off/24 on/24 off/24 on/4 days off.

I guess most firefighters and EMS workers settle out of court because I have found that the attorneys I have talked with have never dealt with public service workers on this type of schedule.

I am basically in a situation where I am going to have to choose between my career or my children. Dad said in court he would do the every other week schedule.

 

[3UofMfans]

Bumping this up in hopes of an answer

 

[mommyof4]

I'm sorry, my brain isn't firing on all cylinders yet.

So, are you proposing that your daughter be with you on your "24 off days" (so she would be back and forth every day?) or with you on your 4 consecutive days off?

I don't see how Dad could say that being with you for the 4 cons. days would be unstable when he is agreeing to 50/50 anyway, so that she would be there with you while you were out saving the world. (I don't mean that disrespectfully at all. Police, FF, and EMS always have my greatest respect and to an extent, that is their job. To save the world.)

 

[3UofMfans]

I actually hae two awesome boys.

Dad is saying that the boys being here on my consecutive 4 days off is not stable because my 4 days are not consistently the same ie Mon-Thurs. My work week is based on 9 days instead of 7. Basically he would have them 6 nights and I would have them 3.

He will do the EOW because it would always be the same days.

My alternative would be the judge possibly to rule that I have EOWE. I work 7 out of 9 weekends right now so that would very much limit our time together. I can't roll the dice. My children are my world. EOW is great but will require that I change my schedule and therefore lose my overtime.

 

[mommyof4]

I actually hae two awesome boys.

I knew that. Told you my brain wasn't working.


Okay, now I understand. And as much as I hate to admit it, I can see where it could be a difficult schedule for the boys. Especially if Dad isn't willing to be supportive of that schedule.

Before I go searching for the actual info you need, is Dad even willing to agree to lowering CS?

If this goes before a judge, yes, it is possible. Is it a certainty that it will happen? No. But not impossible.

 

[3UofMfans]

We actually did that schedule for 10 months and the boys were fine with it. They are 13 and 10 and understand the schedule. Grades have not improved since dad had a temp order put in place for me to have weekends only.

We have been divorced for over 7 years. We have never been to court before this so it is technically an initial custody hearing. I have no problem doing the EOW as long as the court understands that I MUST change my schedule to do so. It is not like I will be underemployed intentionally. With 24 hour shifts it will be impossible to do this schedule and me maintain my current work schedule.

 

[Ohiogal]

What about ROFR for dad and you. That would solve the problem of child care as they could be with dad during that time.

 

[3UofMfans]

What about ROFR for dad and you. That would solve the problem of child care as they could be with dad during that time.

Because with 24 hour shifts it would considerably limit our time together. Ex. If I am on my Monday, Wednesday, Friday work week and it is my week with the children then the only time we would have would be a few hours after school on Tuesday and Thursday. My shifts are from 7am-7am so I would not be able to get them to school on those days.

I have no problem changing my schedule. It would average to 40 hours a week. My only concern would be the courts using OT when it would no longer be feasible. It would technically be full time work per se.