how do I change my custody order and child support?

[anonymous]

I have my daughter half the week and her mother has her the other half, yet she has full custody of my daughter and I have to pay 800 a month in child support and her mother gets to claim her on her taxes every year. How do I change this I believe since I have my daughter half the time anyway, we should have split custody and neither one of us needs to pay the other. Is this possible? last time we went to court the above is what the judge ordered. My fear is that all these years it is looking like I do not have my daughter but I do. What can I do? I dont think her mother will agree to split custody if she doesnt get all the child supprt she has been getting for years.

[Kitty C.]

If you have a CO that specifies half-week custody arrangement, then I'm thinking that what the judge ordered was joint physical with your ex having primary.  Do you also have rights regarding decision-making, or joint legal custody?  There is a difference....physical custody pertains to where the child is physically and legal implies decision-making mainly regarding anything to do with school, health, etc.  It is common for courts to split physical custody and giving one parent primary if the child is going to school in that parent's district.

'last time we went to court the above is what the judge ordered.'  If that is the case, what do you mean that 'it is looking like I do not have my daughter but I do'?  If it's CO'd then it is documented that you have split 50/50 physical custody.  If that is NOT what was ordered (and you've had this schedule for at least a year or 2), then you need to petition the court to reflect the amount of time you do have the child.  Just make sure you can prove it....document, document, document.

As for the support, it all depends on what state you're in (and their laws), whether your state bases CS on just one income or both parents, and how much you and your ex earn.  For example, if your state bases CS only on your income (since you would be considered the secondary parent) and your income high enough to warrant it, it is possible that they could order $800 based on their guidelines.  Another example would be if CS was based on BOTH your incomes, but you make significantly more than she does, the same thing goes.  BUT....if your state also considers how much time the child spends with each parent, then you need to check the CS calculator for your state and see what the true guideline amount would be.  Not all state guidelines consider that, tho.  Their intent is to make sure the child has the same financial support in each hosehold.

'I dont think her mother will agree to split custody if she doesnt get all the child supprt she has been getting for years.'  You already have split custody and either it isn't court-ordered or CS is based upon how much time the child spends with each parent....that would be the only reasons why your ex wouldn't go for it, because in that case she doesn't want to see it made permanent.