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The 50/50 custody is in writing thru c/o.  In the state of PA the guidelines say you don't get the reduction if the NCP has the only income no matter how much time the kids are with the NCP.  This rule only applies after the income is more than a certain amount.  The only way we will be able to get a reduction is if they give her an earning capacity or we get custody.  In PA it is highly unlikely no matter what the circumstances are for a father to get custody.  As far as the SSI goes, she had applied a year ago and said she was denied.  She then said about two months ago she was denied due to making too much in CS.  Now she is saying she is waiting on an appeal hearing.  How long does a person have to file for an appeal?  I really don't know what kind of info we need to be digging up to prove she is capable of working.  I would think anyone who can handle 4/5 kids should be able to work.  She only has hers 1/2 the time and they are all in school so that isn't going to be an issue.  She's a licensed hair dresser and does hair on the side for family and friends so why can't she do that?  In the past year she has coached cheerleading and has done other things with the kids - she just doesn't want to work.  We just need some help in trying to get an earning capacity for her and how to prove she is capable of working weather she does work or not.

My DH and I are about to give up.  We just don't know what else to do.  DH has 50/50 custody with his ex of their (3) children ages 12, 10, and 5.  Custody has been this for about 4 years now.  Last year his ex took him to court for more support.  She was awarded $1200.00 / mo.  When they figured the support they did not give her an earning capacity because she had a letter from her family physicain saying she suffered from anxiety and stress and couldn't hold a job.  The court then awarded her the $1200.00 which is the maximum amount of support she could get if we only got the kids every other weekend.  We were not given any kind of credit for having the kids 50 % if the time.  She was also given a year to get herself healthy and if within the next 12 months she still wasn't able to work she would need to prove in court by witness testamony what her condition is.  Well, she had been turned down for SSI benefits - she claims because she made too much money from CS.  From what I understand one has nothing to do with the other.  Instead of getting "healthy" or help for her disorders she has been out going to bars and participating in dart tournaments (even traveled out of town for them) and she won an MVP award and her pic was in the newspaper, she has gotten pregnant and her 4th child is due any day now.  It is now time to go back to court but her court appointed atty is arguing that she shouldn't have to prove by witness testamony because it would be a financial harship on her.  She has another letter from another doctor saying she suffers from these disorders.  This is the third or fourth doctor she has had in one year.  She didn't stay on her meds due to the pregnancy.  We financially can no longer afford to support the kids 150% of the time.  She sends nothing to our house as far as clothing or money for field trips etc. for the 50% of the time we have them.  This is totally destroying my DH.  Can anyone point me in the direction of a web site or any where that would have information on anxiety and stress and the ability to work?  If DH would decide to fight for sole custody based on her "menta" state does anyone know if it would even be relevant that if she can't hold a job of any kind that she logically wouldn't be able to care of three children of her own, plus her boyfriends daughter who lives with them with the additional responsiblity of a new born?  DH is only wanting to get the full custody until she can get herself healthy.  Has anyone ever seen or been involved in a situation like this?  Right now we are almost at the bottom of the barrell financially.  We take the kids to all activities they participate in (at least 6 days a week) and to and from school and provide everything for them in our home.  This is by far the last thing he wants, but he is feeling like he is fighting a losing battle and he is going to have to go from being an involved parent to letting his kids live with their BM and only be an eow dad.  Financially we aren't going to have a choice.  Any advice would be welcomed and appreciated.