129 overnights... yet no shared Economic responsibility?

[superdad01]

In looking over some of my past court papers.... A FOC recomendation for a petition I filed a couple years ago but decided against pursuing it I come to realise that they gave me 129 overnights per year yet my CS went up $50 a month. I was paying $476/month and they recommended an increase of $50 per month. My reasoning for not following up was every atorney I talked to said it was pointless to go back to court unless she had a job.

If 128 overnights was the line for shared economic responsibility I am now wondering why I was not granted that.

reason I am now asking is basically mom finally has or had a Registered Nurse job and I am basically once again asking for the same amount of time. every other weekend + 3 weeks per year vacation time and every other week in the summer which adds up to 129 overnights.

I know in 2008 the laws changed but am I missing something here?

[Momfortwo]

What state do you live in?  If it is an income share state, you can file for a modification.  But your child support may go up if you have children that need chilcare because if the mother is now working, she is probably now utilizing some type of childcare.  And that is typically an add-on in income share states. 

But her getting a job is a change in circumstances and would warrent a review in support in income share states.  In states where it is just a percentage of the NCP's income, it doesn't matter.

[superdad01]

I'm in Michigan. Moms income has now multiplied 5x over
My income has now went down
She now earns or can earn double what I earn

[ocean]

The problem is ..is she working full-time? You will have to prove that she is working by having her hand over her last year taxes and recent paystubs... The courts probably won't add "potential" income.

[Momfortwo]

I'm in Michigan. Moms income has now multiplied 5x over
My income has now went down
She now earns or can earn double what I earn

Was your income reduction voluntary?  If so, the courts will probably use the wage from the higher paying job.  If not voluntary, you will need to be able to prove it to avoid imputed income. 

[superdad01]

Well in my situation it was either take a paycut or not have a job. Yes I can prove it.  I also feel that her situation is different from your standard job. It is a specialty field which requires a degree and is also in high demand.

Being a laid off general laborer is different from being a refusing to work registered nurse. Odviously it would look worse on her part.

My only concern now is the daily times that I was granted in the original order... I don't want to lose them even though I cannot currently excercise them now due to my work schedule. So technically I lost nearly all of my parenting time with child except for my every other weekend. My hopes were I would have been back to 1st shift by now but my company keeps draggin it's feet.

[Momfortwo]

Well in my situation it was either take a paycut or not have a job. Yes I can prove it.  I also feel that her situation is different from your standard job. It is a specialty field which requires a degree and is also in high demand.

Being a laid off general laborer is different from being a refusing to work registered nurse. Odviously it would look worse on her part.

My only concern now is the daily times that I was granted in the original order... I don't want to lose them even though I cannot currently excercise them now due to my work schedule. So technically I lost nearly all of my parenting time with child except for my every other weekend. My hopes were I would have been back to 1st shift by now but my company keeps draggin it's feet.

First, it looks just as bad on either side if it is a voluntary reduction in income.  Education level has nothing to do with it.

Second, if you aren't using all of the time you have now because of your work schedule, you are going to lose it.  Or at least have the child support calculated with the amount of parenting time that you are actually using.  To be quite blunt, it really isn't fair for you to get a credit for parenting time that you are not using.

[superdad01]

First, it looks just as bad on either side if it is a voluntary reduction in income.  Education level has nothing to do with it.


I have to disagree with you. General jobs are just general jobs. They can be filled by just about anyone on a daily basis and require minimal training. How many cases have you heard about nurses who cannot find a job right now....... Zero!!!  Just about every hospital is consistantly recruiting nurses.

If I was nurse do you think they would let me sit at home and not work... lol  Odviously their is a double standard with men in general but in her specific case their is work avaible in abundance..... In most cases people are underemployed by no choice of their own. I think it would look bad on her part.

I am praying to get back on 1st shift asap. If possible I will postpone any courtdates until I can. I have had parenting time with our child for 10-14 days for the last 5 years... I am not going to risk losing that because I was on 2nd shift for a few months.  I am unavaible for parenting time through no fault of my own. I am doing what i have to do to support my child.... Like a father should. I understand how the law works.... But I don't feel I should be punished for it.

No offense but I have paid and overpaid on my childsupport the entire duration.  The original idea with this thread was..... why did I not recieve the shared parenting formula because i had more then  the required number of overnights.... The FOC wanted my CS to increase which does not make sense to me

[Momfortwo]

First, it looks just as bad on either side if it is a voluntary reduction in income.  Education level has nothing to do with it.


I have to disagree with you. General jobs are just general jobs. They can be filled by just about anyone on a daily basis and require minimal training. How many cases have you heard about nurses who cannot find a job right now....... Zero!!!  Just about every hospital is consistantly recruiting nurses.

Disagree all you want, if both parties are underemployed VOLUNTARILY it will be viewed the same in court.  With imputed income to what was made at the job that was voluntarily left.

If I was nurse do you think they would let me sit at home and not work... lol  Odviously their is a double standard with men in general but in her specific case their is work avaible in abundance..... In most cases people are underemployed by no choice of their own. I think it would look bad on her part.

No court can force anyone to work.  What they can do is impute income to the non-working party.  Doesn't matter which party is voluntarily unemployed or underemployed, the courts view it the same.  It's just as bad in the courts eyes.  And the court will impute income to either party that is voluntarily unemployed or underemployed (note that I used the word voluntary, involuntary is different).  Obviously, in a state that does not exercise an income share model for child support calculations, this is irrelevant for the CP. 

I am praying to get back on 1st shift asap. If possible I will postpone any courtdates until I can. I have had parenting time with our child for 10-14 days for the last 5 years... I am not going to risk losing that because I was on 2nd shift for a few months.  I am unavaible for parenting time through no fault of my own. I am doing what i have to do to support my child.... Like a father should. I understand how the law works.... But I don't feel I should be punished for it.

And when you go back to the first shift, you can go back to the prior schedule.  But the CP shouldn't be punished for having to take the kids more because of your work schedule by you getting a credit for parenting time that you are not using.  That is beyond her control.  I agree with taking parenting time into consideration when calculating child support.  The parenting time that is actually used, that is.   

BTW, you can only postpone YOU filing for any type of a modification.  If your ex files, you will only be allowed to postpone until the courts get fed up with it and put a stop to it.  And the modification would go back to the date of the original filing.  So your actions just may end up  with you having arrears and if the courts view you as deliberately dragging out the process (which multiple postponements could be viewed as), the court just may order you to pay your ex's legal fees. 

No offense but I have paid and overpaid on my childsupport the entire duration.  The original idea with this thread was..... why did I not recieve the shared parenting formula because i had more then  the required number of overnights.... The FOC wanted my CS to increase which does not make sense to me

If there was something wrong with the calculations at the time it was initially set, then that is when it should have been addressed. 


If there is no motions for modifications filed, then if I were you, I would just sit tight until your work schedule has changed and hope that your ex doesn't file for a modification. 

[superdad01]

Good news... I am back to 1st shift starting monday morning... Now I can build on the parenting time I have. I am so happy!!!