Counting Hours, Who gets Credit?

[orais007]

I understand that while the STBX has our children from 8pm till 7am five days a week, she gets full credit for physical time, then she has them only one weekend day. All other time the children are with me or the baby-sitter who is the STBX's mother.  
My questions are-
1. Does she get credit for the time the children are at the baby-sitter's, in the divorce papers she states she pays 300. a month for child-care.  
2. I have just changed my schedule where I will work only nights and will be able to have my children more during the day, and there will be no need for additional child-care,what are the chances the court will give me that extra time with my children so the STBX will not have to pay for child-care?
Thank you all for the help, it has helped more than you know, and kept me strong when it all seemed too overwhelming.

[mistoffolees]

1. Support costs are typically determined by two things: OVERNIGHTs and any special expenses such as child care if both parents are working. The number of daytime hours doesn't directly affect support calculations.

2. IF you are able to reduce child care obligations significantly, then there's a good chance that the court will recognize that. HOWEVER, they typically will only do this if child care is specifically spelled out in the divorce agreement. In this case, since the $300 per month she pays for child care is specifically spelled out in the agreement, it seems reasonable to ask for a reduction if you take the child(ren).

If you get along well with your ex, I'd suggest that you FIRST work out the child care arrangements and put them into place without discussing support. Let everyone get used to you watching the kids during the day. THEN, approach your ex about reducing support. If she agrees, then you can simply file an amendment to the court with both of your signatures and it should go through without difficulty. If she doesn't agree, it could get expensive having to fight it and you might decide it's not worth it.

If you don't get along with the ex and decide that it's worth going to court over, I would still recommend that you work out the new child care arrangement and let everyone get used to it before filing. As much as possible, make it clear that you're watching the kids - either get the ex to agree to a schedule in writing or something like that. THEN, only after everyone has adjusted to the new schedule, go to court.