If change to 50-50 custody, does former NCP pay less

[lanne6]

What is the name of your state?California
I currently have primary custody, but I think my ex-husband, though he's paying relatively little child support now, will try to get more custody, perhaps 50-50, so he can pay less child support. Is it likely if he gets more time, that he would pay less?
By the way, the divorce was only recently completed, and he didn't ask for more custody (last month).

 

[La-Poorboy]

That is the exact same thing I'm trying to find out for Louisiana! Except I havn't went to court yet. Does anyone know the answer?

 

[I AM ALWAYS LIABLE]

What is the name of your state?California
I currently have primary custody, but I think my ex-husband, though he's paying relatively little child support now, will try to get more custody, perhaps 50-50, so he can pay less child support. Is it likely if he gets more time, that he would pay less?
By the way, the divorce was only recently completed, and he didn't ask for more custody (last month).

My response:

What are the circumstances; i.e., "changed circumstances", will he allege to amend the court's month old court order? Will he allege that you're an unfit parent? If so, what are those allegations, if you know? In other words, what drastic changes have occurred since the custody and visitation orders were signed?

IAAL

 

[lanne6]

There has been absolutely no change of circumstance, so I certainly hope that he would not prevail. But he can still, from what I hear get more time.
I am also not an unfit parent in any way - I think I'm a good one.

 

[I AM ALWAYS LIABLE]

What is the name of your state?California
I currently have primary custody, but I think my ex-husband, though he's paying relatively little child support now, will try to get more custody, perhaps 50-50, so he can pay less child support. Is it likely if he gets more time, that he would pay less?
By the way, the divorce was only recently completed, and he didn't ask for more custody (last month).

My response:

Alright, then let me ask you this - - as the custodial parent, is your order "joint custody" or "sole custody"? If it's "joint" custody, then yes, he has a very good chance of increasing his parenting time. It's in the child's best interests to spend as much time with both parents.

IAAL

 

[lanne6]

I have primary physical custody, and he has joint legal custody with me.
If he gets more time, can he then reduce his child support amount (which is already very small)?

 

[I AM ALWAYS LIABLE]

I have primary physical custody, and he has joint legal custody with me.
If he gets more time, can he then reduce his child support amount (which is already very small)?

My response:

Yes. As the theory goes, if he has more parenting time, then he'll need more money for his child - - money that you won't need since the child won't be with you.

If you're using your child as a "money pawn", then the court is going to see this and it won't bode well for you. It might be a good time to reassess your income and, if it's not enough money, then you would do well to obtain a better paying job.

IAAL

 

[needscadvice]

My response:

Alright, then let me ask you this - - as the custodial parent, is your order "joint custody" or "sole custody"? If it's "joint" custody, then yes, he has a very good chance of increasing his parenting time. It's in the child's best interests to spend as much time with both parents.

IAAL

Ok - but if it is joint custody then how do you get the courts to award one parent or the other more physical custody? or not more physical custody? if they parents don't agree to the change?

 

[needscadvice]

If you're using your child as a "money pawn", then the court is going to see this and it won't bode well for you.
IAAL

GOOD ONE!!! I agree! This type of stuff really urks me - I gave up child support because dear old dad whines about paying it - so I told the courts to let it go. But now ex uses that he makes 3 times what I make and can give them their own rooms against me!

OP please look at situation - 'is very smal ($)' so what - take it upon yourself and make it work! Lots of us don't get that so be thankful! Some of the NCP are in prison or are dead etc and those CPs have to do it on our own.

 

[I AM ALWAYS LIABLE]

Ok - but if it is joint custody then how do you get the courts to award one parent or the other more physical custody? or not more physical custody? if they parents don't agree to the change?

My response:

First, would you please shorten your "Location" entry? It's not for views, or anecdotes . . . it's for "location". Also, because of it's length, it's sending your responses right off the right hand edge.

Second, who said anything about the parents needing to agree to anything in a joint custody arrangement? Children come first, and if one parent wants to spend more time with their child, then courts shall award more parenting time. It's in the best interests of the child to have as much time with BOTH parents. Besides, that's why we have Family Court trials - - when the parents DON'T agree.

IAAL

 

[NotSoNew]

yes if dad gets more time, he will have to pay you less, BECAUSE he will be paying for the child when the child is with him, THEREFOR you require less "child support"

i dont see any reason why dad doesnt have a right to just as much time as mom.