Shared Custody, but barely??

[LdiJ]

Hey, thanks.

I pay child care on two children: one f/t, one f/t for 10 wks and p/t for the remainder of the year. How should that work? I think that even though I paid almost $13k in childcare expenses last year my credit was only for $5k, it's doesn't seem correct that even though her (the child in question) expenses are the lower, that he actually receive credit for it...

Only count her daycare costs, and then figure out the percentage of the daycare credit that went to her, and divide that by 12. IE if her daycare costs are 70% of your total for the year then use 70% of the credit.

 

[RemitAdvice]

Great idea. Thank you. While you're here, have any other thoughts/ideas advice on the previous issues? The hearing is Wednesday, so I'm studying hard.

 

[my life is mine]

VA does not count hours only overnights, so even if child arrives at his home at 11pm and leaves at 8am that is an overnight.

They also do first file, first larger portion of CS. So if he has 2-3 orders the first child receives 20% the next 17% and so on.

VA is also a joint income area so both incomes are looked at, they usually go back 3 years and look at incomes for those three years.

They normally do child care at 50/50.

Medical is normally one person pays premiums, then after that it is split 50/50for uncovered medical/dental amounts or above insurance amounts.

If he chooses to buy insurance then your child is double covered and that 50/50 out of pocket is lower, so look at that as a good thing.

 

[RemitAdvice]

VA does not count hours only overnights, so even if child arrives at his home at 11pm and leaves at 8am that is an overnight.

According to Code, if it is an overnight, but less than 24 hrs, it's considered a 1/2 day.

They also do first file, first larger portion of CS. So if he has 2-3 orders the first child receives 20% the next 17% and so on.

I guess we'll see...my case was first even though my child is the youngest...

VA is also a joint income area so both incomes are looked at, they usually go back 3 years and look at incomes for those three years.

They're only asking for a paystub. I have already dug out my taxes to bring.

They normally do child care at 50/50.

Actually, they determine parental responsibility as a ratio: determined by income.

Medical is normally one person pays premiums, then after that it is split 50/50for uncovered medical/dental amounts or above insurance amounts.

No. Again, parental responsibility is a ratio determined by income. He reimburses me for his share of the premium, and then his percentage of anyof non-covered or any med/dental expenses over $250. (I am responsible for the $250)

If he chooses to buy insurance then your child is double covered and that 50/50 out of pocket is lower, so look at that as a good thing.

It is. I'm not disputing that. I think he believes that the J will switch parental responsibility for ins. from myself to him since his cost is lower...which I totally would have agreed to if he had spoken with me first, or even within the first 30 days of coverage, so that I could term her coverage with my insurer here. Since I didn't know within 30 days, it's not a qualifying event and I cannot drop her until open enrollment.

What's with all the 'normally' talk?? Do you live/work in VA??

 

[my life is mine]

According to Code, if it is an overnight, but less than 24 hrs, it's considered a 1/2 day.

It may say that in code but what I have seen says different, usually it is overnight no matter the hours.



I guess we'll see...my case was first even though my child is the youngest...

File first has always been what I have seen, and dealt with.



They're only asking for a paystub. I have already dug out my taxes to bring.

good, some Judges will do a pay stub but more often if there are any issues they ask for 3 years.



Actually, they determine parental responsibility as a ratio: determined by income.

Nope, I will disagree. They usually split it 50/50 unless the income ratio is severe and it would be a financial difficulty for the lower paying person



No. Again, parental responsibility is a ratio determined by income. He reimburses me for his share of the premium, and then his percentage of anyof non-covered or any med/dental expenses over $250. (I am responsible for the $250)


That is totally different than anything I have come across in VA courts. I will say most of my dealings have been with military personel and not private citizens.


It is. I'm not disputing that. I think he believes that the J will switch parental responsibility for ins. from myself to him since his cost is lower...which I totally would have agreed to if he had spoken with me first, or even within the first 30 days of coverage, so that I could term her coverage with my insurer here. Since I didn't know within 30 days, it's not a qualifying event and I cannot drop her until open enrollment.

A judge may change it if it is a significant amount of difference that one would have to pay, Judge may also issue that he still pay the portion you need him to pay until next availibility of insurance change.

What's with all the 'normally' talk?? Do you live/work in VA??


Yes to both questions, been dealing with VA courts for about 15 years, for personal and non personal

Hope this helps

 

[RemitAdvice]

I have been slogging through the mud with two different dcse cases. I know that at each hearing the income ratio has been the determinant. It says it on the worksheet for both sole/shared custody and I ask for a copy at each hearing so I can try and understand how they come to their figures. I make more than one and less than the other, so I've seen it work both ways.

In this particular instance, however...it's the time 'share' that concerns me.

On paper he may be at the threshold, but in actuality, he's only seen his daughter for a year...exactly...and in that year, has seen her for for less than 1/2 the days needed in order for his support to be ordered and set by the shared custody guidelines.

It's interesting that you obviously have spent a lot of time in VA courts (personally & professionally) at least concerning child support, and your experiences differ so widely from mine. Perhaps it is the civilian/military difference. I am in Roanoke C/Co. would that have anything to do with it, do you imagine?

 

[my life is mine]

I have been slogging through the mud with two different dcse cases. I know that at each hearing the income ratio has been the determinant. It says it on the worksheet for both sole/shared custody and I ask for a copy at each hearing so I can try and understand how they come to their figures. I make more than one and less than the other, so I've seen it work both ways.

Is the income ratio severe? because as I said then that will make it change to what you have.

In this particular instance, however...it's the time 'share' that concerns me.

On paper he may be at the threshold, but in actuality, he's only seen his daughter for a year...exactly...and in that year, has seen her for for less than 1/2 the days needed in order for his support to be ordered and set by the shared custody guidelines.

Can you prove that he is not seeing her the amount of days for this threshold. Do you have a time tracker to present to court? Are you using a DCSEA agent (worker) or a private attorney or pro-se?

It's interesting that you obviously have spent a lot of time in VA courts (personally & professionally) at least concerning child support, and your experiences differ so widely from mine. Perhaps it is the civilian/military difference. I am in Roanoke C/Co. would that have anything to do with it, do you imagine?

It may be county difference I tend to help with issues no further west than Richmond and north to Arlington, I would say the people I help are 80-90% military or prior military.

 

[my life is mine]

Have a question? would you mind PM ing me you actual visitation schedule. I will slough through times and tell you what I get.

 

[RemitAdvice]

I repel technology, but I'll try my best...and thank you for your offer to take a look. It gets messier the more you dig.

 

[RemitAdvice]

Is the income ratio severe? because as I said then that will make it change to what you have.

The ration they assigned us at the last hearing was (me) 33% him (67%) but I have another case in which I am 53% and he is 47% so I've seen it work both ways, but they always use the ratio.

Can you prove that he is not seeing her the amount of days for this threshold. Do you have a time tracker to present to court? Are you using a DCSEA agent (worker) or a private attorney or pro-se?

I have a calendar that I keep their schedule on. I'm not sure if that qualifies. He can't dispute the fact that he's seen her for less than the threshold...

Our hearing tomorrow is on what's called a 'DCSE Docket' agenda day...meaning reps from CSE will be there, but not necessarily for anyone's benefit...either mine or his, they will just record the judge's decision immediately and will be on hand to provide correct arrears info and the like. I am pro-se...and on my most recent hearing (prior to this one)...I sat in the benches, not even at the table...

It may be county difference I tend to help with issues no further west than Richmond and north to Arlington, I would say the people I help are 80-90% military or prior military.

I'm in SW VA.

 

[ProSeDadinMD]

You're really after every last possible penny aren't you?

So, out of curiousity, on every day that your child is with you for an "overnight"(you know, to establish custody), are you with the child for the full 24 hour period?

Bet I know that answer.

Your name is telling....

 

[RemitAdvice]

You're really after every last possible penny aren't you?

Actually, what I'm 'after' is to protect my daughter's interest and not let the sly fox get away with the entire henhouse...

So, out of curiousity, on every day that your child is with you for an "overnight"(you know, to establish custody), are you with the child for the full 24 hour period?

Bet I know that answer.

Meaning?? Look, I'm just going by what the guidelines stipulate as full and 1/2 day...that's all. Dude's a snake!

Your name is telling....

Sooo...what's it telling ya?

 

[RemitAdvice]

Furthermore, the judge was frustrated w/Dad's filibustering...and decided to continue to our visitation hearing date (later that afternoon) since we dispute the custody share and insurance responsibility...

 

[mistoffolees]

Furthermore, the judge was frustrated w/Dad's filibustering...and decided to continue to our visitation hearing date (later that afternoon) since we dispute the custody share and insurance responsibility...

I've NEVER heard a judge say "you're filibustering, so let's continue this later". It's far to easy for a judge to tell the person to shut up if they're babbling about irrelevant stuff.

If the judge continued the hearing, there was probably a good reason.

 

[LdiJ]

You're really after every last possible penny aren't you?

So, out of curiousity, on every day that your child is with you for an "overnight"(you know, to establish custody), are you with the child for the full 24 hour period?

Bet I know that answer.

Your name is telling....

I don't get that at all ProSeDad....Remit=give advice. How is that "telling"?