shared custody worksheet vs. sole custody worksheet

[johnw]

2 weeks ago my ex took me to court for more child support. It was determined at that time, unrefuted, that we share custody, and I have 182 overnights per year and she has 183. Our incomes and time were used on a shared custody worksheet, as they should have. My support got reduced. After a nasty letter by my wife to the presiding judge, he vacated his order and it was reheard today. Everything was the same with regards to time with kids and income's, however this judge decided to use a sole custody worksheet instead of the shared custody worksheet. She now receives more support than she had been getting.

My question, by definition, and given that we all agree I have the children 182 overnights per year, and she makes slightly more money than me, how can any judge not use the shared custody worksheet? What are my chances on appeal of the worksheet used? In my opinion there is no question the shared custody worksheet should have been used.

[nosonew]

Curious to what soc says about this.  Our 50/50 dramatically reduced our cs and sounds like a bunch of b.s. to me.  What does your attorney say or are you pro-se?

[socrateaser]

I would file a motion for reconsideration and for a finding of facts and conclusions of law, on grounds that no reasonable trier of facts could conclude that a custody split of almost exactly equal time could be treated as anything other than shared custody, and that for the court to do otherwise is an abuse of discretion. I would further ask that, if the judge cannot see the unreasonableness of his/her ruling, that he/she should recuse him/herself and allow another jurist to consider the case.

It is possible that in your jurisdiction, a judge has the discretion to use a sole custody guideline, but I doubt it.

If your motion is denied, then I would appeal, and on appeal, I would ask the appellate court to sanction the trial judge for acting in a clearly biased manner, and I would ask for attorney fees to be paid by the other party.

Meanwhile, I would be asking the other parent to settle. Assuming that your facts are as you suggest, and I'm not sure that there are no mitigating circumstnaces here, your facts are so skewed in your favor, that I can only conclude that the judge is mentally ill, or simply made an incredibly stupid error.

[johnw]

Dear Soc, thank you for your response. It is the opinion of my attorney and myself, that it was an attempt to some how allot my ex wife more money than deserved because the judge felt sorry for her. We have decided to go directly to the appeal process, as this judge is known for having a bias against males. My attorney feels a reconsideration with this judge would go no where.
This is definitely going to cost me money to appeal, however, I don't think it is my ex wife's fault that 2 incompetent judges have heard this case, and made rediculous decisions/errors. What, if any, recourse do I have to have my legal fees paid?