Work schedule effecting ability to exercise parenting time

[doc2b]

What is the name of your state? Michigan

Hello, everybody...hope you have some insight. I just spent forever typing up a long post to ask these questions, but got signed out in the process (losing everything). So, I'm going to start over and keep it short and sweet.

My hubby has an upcoming change in his job schedule that is going to interfere with him exercising his parenting time (right now, he has the kids Wed. 6pm through Sunday 2pm, with their mom taking them during his work hours of 7am till 6pm on Thursday and Friday). In 2 weeks, he is going to be required to work every Saturday, from 6:30am till 5pm, and every other Sunday with the same hours. (So, he'll have 6 day work weeks coming up, with alternating Sundays off and one random day off during the week on the opposite weeks). He and his ex-wife have a 2 hour ROFR, meaning they can stay and sleep in at our place until 8:30am, but then she comes to get them if she chooses.

He is devastated about the loss of time he is going to have with his kids, since the weekends are the only really substantial amount he gets all at once. At the same time, he is afraid that their mom is going to use this as another reason on her list of many reasons to take him back to court to modify custody. She just emailed him last week a "list of concerns" she feels fit to bring before the judge to modify custody, and although they seem really silly, he and I don't really know what's going to matter for him if she takes this to court, too. I can add the list, if it matters in order to answer the questions...just let me know.

I know it's premature to assume anything, but he's already worked up about her saying that she's going to court over other issues she has, and when she finds out about this, hubby's afraid she will be all over it. He already knows that she won't consent to a mutual change in the days because he had asked her months back due to some potential changes in work days that never came to fruition.

I guess his questions are:
1. If she petitions to modify based on this change in work schedule, is it something that a judge is likely to hold against him?
2. If he seeks/finds another job that will allow him to continue his visitation with the kids as it is now, but it pays less money, would it be a big deal as long as he continues to pay his court ordered amount of CS?


Thanks for any help/suggestions/advice. This really has him worried, and any alternative options or words of wisdom would help him out tremendously.

 

[Silverplum]

I guess his questions are:
1. If she petitions to modify based on this change in work schedule, is it something that a judge is likely to hold against him?

Yes.

2. If he seeks/finds another job that will allow him to continue his visitation with the kids as it is now, but it pays less money, would it be a big deal as long as he continues to pay his court ordered amount of CS?

Yes, it would "be a big deal."

Using legal/grownup terminology, an obligor cannot voluntarily reduce income and expect a reduction in CS.

 

[doc2b]

Yes.

Yes, it would "be a big deal."

Using legal/grownup terminology, an obligor cannot voluntarily reduce income and expect a reduction in CS.

I didn't say anything about reducing child support... just questioning whether a change in pay would even matter as long as he continued to pay the same amount in child support (I was trying to make sure that the point got across that he is willing to take a job that pays less in order to spend time with the kids, but not expecting to pay less in support.)

 

[Silverplum]

I didn't say anything about reducing child support... just questioning whether a change in pay would even matter as long as he continued to pay the same amount in child support (I was trying to make sure that the point got across that he is willing to take a job that pays less in order to spend time with the kids, but not expecting to pay less in support.)

Ah, yes, I see that now -- sorry.

No, if he doesn't change CS, he can do whatever he darn well pleases. The only reason the court would care about his job situation is if he wasn't paying CS. (Unless he was a hooker: then the court might care about his job. )

 

[doc2b]

Ah, yes, I see that now -- sorry.

No, if he doesn't change CS, he can do whatever he darn well pleases. The only reason the court would care about his job situation is if he wasn't paying CS. (Unless he was a hooker: then the court might care about his job. )

That's okay...I read posts on here enough to know that us wicked stepmoms come on here daily looking for ways to punish the exes and steal support money I feel sorry for you guys having to answer those all the time...

This is just an honest attempt to get his time with the kids, no games. Believe me, a paycut is going to devastate us since we just had a baby of our own, but I've seen people make it through worse.

So, back to the job part, what about pimping, then?

 

[Silverplum]

That's okay...I read posts on here enough to know that us wicked stepmoms come on here daily looking for ways to punish the exes and steal support money I feel sorry for you guys having to answer those all the time...

This is just an honest attempt to get his time with the kids, no games. Believe me, a paycut is going to devastate us since we just had a baby of our own, but I've seen people make it through worse.

So, back to the job part, what about pimping, then?

Pimps have it way, waaaay better than the hookers. But their IRS problems are massive.

 

[doc2b]

Pimps have it way, waaaay better than the hookers. But their IRS problems are massive.

And just when I thought we were onto something, you had to shoot it down...

If he's unable to find another job that will at least cover our expenses and his obligations (with the MI unemployment rates, it's very likely that he can't), is there anything he can do pre-emptively to try to maintain his ability to see the kids? It just seems like a catch-22...he's working so hard to give them and us a good life, but may lose his precious time with them over it. And, like I said, their mom is not willing to negotiate any time changes at all. She doesn't work very often, but appears to have a very busy schedule, so her time is not very flexible, either.

 

[Zephyr]

Pimps have it way, waaaay better than the hookers. But their IRS problems are massive.

and their fashion crimes are a capitol offense

 

[Zephyr]

And just when I thought we were onto something, you had to shoot it down...

If he's unable to find another job that will at least cover our expenses and his obligations (with the MI unemployment rates, it's very likely that he can't), is there anything he can do pre-emptively to try to maintain his ability to see the kids? It just seems like a catch-22...he's working so hard to give them and us a good life, but may lose his precious time with them over it. And, like I said, their mom is not willing to negotiate any time changes at all. She doesn't work very often, but appears to have a very busy schedule, so her time is not very flexible, either.

the court can order them to work something out wrt to a new parenting plan.....a required job time change (especially in this economy where jobs aren't plentiful) should not automatically equate to a a massive reduction in parenting time....it never hurts to ask for mediation and/or for a judge to determine the issue- especially when in this case if he does nothing he loses anyway

 

[doc2b]

the court can order them to work something out wrt to a new parenting plan.....a required job time change (especially in this economy where jobs aren't plentiful) should not automatically equate to a a massive reduction in parenting time....it never hurts to ask for mediation and/or for a judge to determine the issue- especially when in this case if he does nothing he loses anyway

That makes sense...if it's a lose/lose situation for him, it seems to be a good idea to try and nip it in the bud before it turns into a mess. Thanks for all of the help, everybody.

 

[LdiJ]

the court can order them to work something out wrt to a new parenting plan.....a required job time change (especially in this economy where jobs aren't plentiful) should not automatically equate to a a massive reduction in parenting time....it never hurts to ask for mediation and/or for a judge to determine the issue- especially when in this case if he does nothing he loses anyway

The main problem I see here is that fact that he is going to be working 6 days a week.

He can certainly fight to keep his overnights, and may be able to pull off keeping them (depending on what else it is that mom is bringing to the table) but the bottom line is that he is going to be spending much less time with the kids, and there is no way to overcome that.

His only free days are going to be every other Sunday and a random day on the alternate week. There is no way the courts are going to give him the majority of the nights and evenings....so he is going to be spending less time with the kids.

 

[Bloopy]

In 2 weeks, he is going to be required to work every Saturday, from 6:30am till 5pm, and every other Sunday with the same hours. (So, he'll have 6 day work weeks coming up, with alternating Sundays off and one random day off during the week on the opposite weeks).

How long does he expect the change to last?

A month, 6 months... forever

 

[profmum]

What is the name of your state? Michigan

Hello, everybody...hope you have some insight. I just spent forever typing up a long post to ask these questions, but got signed out in the process (losing everything). So, I'm going to start over and keep it short and sweet.

My hubby has an upcoming change in his job schedule that is going to interfere with him exercising his parenting time (right now, he has the kids Wed. 6pm through Sunday 2pm, with their mom taking them during his work hours of 7am till 6pm on Thursday and Friday). In 2 weeks, he is going to be required to work every Saturday, from 6:30am till 5pm, and every other Sunday with the same hours. (So, he'll have 6 day work weeks coming up, with alternating Sundays off and one random day off during the week on the opposite weeks). He and his ex-wife have a 2 hour ROFR, meaning they can stay and sleep in at our place until 8:30am, but then she comes to get them if she chooses.

He is devastated about the loss of time he is going to have with his kids, since the weekends are the only really substantial amount he gets all at once. At the same time, he is afraid that their mom is going to use this as another reason on her list of many reasons to take him back to court to modify custody. She just emailed him last week a "list of concerns" she feels fit to bring before the judge to modify custody, and although they seem really silly, he and I don't really know what's going to matter for him if she takes this to court, too. I can add the list, if it matters in order to answer the questions...just let me know.

I know it's premature to assume anything, but he's already worked up about her saying that she's going to court over other issues she has, and when she finds out about this, hubby's afraid she will be all over it. He already knows that she won't consent to a mutual change in the days because he had asked her months back due to some potential changes in work days that never came to fruition.

I guess his questions are:
1. If she petitions to modify based on this change in work schedule, is it something that a judge is likely to hold against him?

The judge will consider his new schedule as a primary factor in what the parenting time can look like, the fact that he will have 6 day work weeks coming up leaves the judge little time for any modification.

2. If he seeks/finds another job that will allow him to continue his visitation with the kids as it is now, but it pays less money, would it be a big deal as long as he continues to pay his court ordered amount of CS?

If he continues to pay his CS, does not matter what he does, but seems like a dangerous strategy in this day and age. But I will say this, courts are fair, if Dad can come up with another parenting schedule, that may involve removing the ROFR clause, so that he has evenings with the kids (if he gets of work at 5 pm etc), then the courts will consider it. So think carefully about something that can work for Dad, does not take away Mum's existing time and offers stability for the kids and you have a fair chance of getting it adopted.

 

[doc2b]

How long does he expect the change to last?

A month, 6 months... forever

He's told it won't last through July...it is supposed to be temporary, but they won't commit him an end date, so it's impossible to know

 

[doc2b]

The main problem I see here is that fact that he is going to be working 6 days a week.

He can certainly fight to keep his overnights, and may be able to pull off keeping them (depending on what else it is that mom is bringing to the table) but the bottom line is that he is going to be spending much less time with the kids, and there is no way to overcome that.

His only free days are going to be every other Sunday and a random day on the alternate week. There is no way the courts are going to give him the majority of the nights and evenings....so he is going to be spending less time with the kids.

He's hoping nothing will change on his weeknight overnights since that schedule isn't changing at all, and he'll fight tooth and nail to get every second he can with the kids. The only permanent change is going to be the every Saturday. His every other Sunday is not supposed to last through the end of July (you know how that goes sometimes), so he'll have Sundays off and one weekday each week. Maybe once things get a little more stable at his job, he can convince them to give him a set day off so that it's easier to try and create a new, plausible parenting plan between the two of them.

If you don't mind my asking, what do you mean by "what mom is bringing to the table"?