Here's where I'm at...Help

[superdad01]

OK, first and formost I have secondary joint physical custody...? of our child age 6

We live in same town and same school district. We live aprox 10mins apart.

I have parenting time with child 10-14 days every 2 weeks and the standard every other weekend. I do not have enough overnights to qualify for the joint economic responsibility.

Recently I have not been able to take advantage of all my parenting time due to being forced to work over so I have missed quite a few of the days I was supposed to pick her up lately. I have been debating on filing a paper with the court to let them know the situation and get something on record.

Mother has been unemployed for the last 4 years and has been in school for nursing. She graduated in december of 2007 and is still unemployed.

She was imputed at minimum wage of $5.50/hr when order was filed and MI minimum wage has went up to $7.00+ She is technically ABLE once she gets a job to make $20 PLUS AN HOUR.

If I was to take this back to court, any chance I could.....
Get her imputed at new amount she would be able to earn?
Get a 50/50 split on parenting time?

[gemini3]

In reading between the lines here, it seems that your goal for getting 50/50 custody is to get your child support reduced.  I don't think any judge would award you 50/50 custody for that reason.  Especially coupled with the fact that you've been unable to exercise all of your parenting time with the schedule you currently have.  Why should they give you more?  What would be the benefit to the child?

As far as imputing income - I seriously doubt you'll get that changed.  You might have an arguement with the minimum wage, but I doubt $1.50 is going to be enough of a change to lower your obligation.  

What state are you in?  When you say "parenting time" - what does that mean?  3 hours, an overnight?  There may be other options, but with just the facts given, I don't see much of a chance.

If you've been unable to exercise your parenting time, I would ask to make up the time when you are available.  The important thing is that you're spending time with your daughter.

[superdad01]

No I think you misunderstood me...

I have parenting time with our child almost every day + the standard ever other weekend. We have to go back and forth daily. WOULDENT IT MAKE MORE SENSE, THAT IF SHOULD WORK OVER AN HOUR OR 2 THAT I CAN STILL COME HOME AND HAVE QUALITY TIME WITH MY CHILD without losing that time  and day alltogther?

Now Since I have been working over I do not get home in time to pick her up thefore I lost a day with my child. How am I gonna get make-up time when I have her almost daily. Take away time from the mom on her weekend... Highly unlikely.

Also since the order was signed the child is now in school so all of our schedules changed.... Which also was a factor in less parenting time for me.

I said she is graduated and is able to work as a RN..... Therfore she will have an income substantially higher. MORE THEN 4 TIMES HIGHER then she is curerently imputed at minimum wage. $20 plus an hour is quite a bit more then $5.50 an hour.

I know if I was certified to make 4 times the amount of money I make now the honorable court system would not allow me to get away with being imputed at minimum wage.

So since MOM will be working it will also take her away from the child while she is at work. thefore who better to have time with the child when mom cannot be there.

I also forgot to mention that MOM is getting married and I am not sure on how or if that qualifies as a change in circumstance

I am in Michigan

I have been doing this back and forth thing daily for over 4 years... Put up with more crap then I care to mention and on top of it paid full support without much of a gripe. Our child deserves equal time with both parents and I'll leave it at that.

[gemini3]

Hard to glean all of that from your original post.  We've been there too, trust me.  I believe that children deserve equal parenting with both children too.  I was just coming from the stand point that the courts would most likely have when presented with the scenario you gave.

On the visitation, I think you have a good arguement to get the schedule changed.  Especially with her starting school.  You could ask for longer periods of time, versus more frequent.

As far as the income thing goes - they won't impute income for a job that she's never held - regardless of whether or not she "could" get the job.  If she does get a job with her nursing degree, and holds it for a significant period of time, and then quits - then you might have an argument to impute more income.  But in that case your support obligation should have already been reduced because she's bringing in an income.

While marriage of one of the parties is considered a change in circumstance, it's usually to that parties benefit.  At least, that was the case with my husbands ex... and she married his best friend, with whom she had an affair.  Moved out with the kids and in with him.  The courts didn't have a problem with it.