Child Support w/ Joint Physical Custody

[strawberry_fields]

I'll try to make our background as brief as possible... mom had physical custody... and mom and dad had "joint custody".  Kids went to school in mom's town.  Kids went to summer camp in mom's town.  For a year now... dad has joint physical custody with mom... and kids go to school in dad's town... and younger kid goes to camp in dad's town.

Question... now that dad is responsible for... school clothes, school supplies, school activities (field trips etc), summer camp, summer clothes, breakfast and lunch Monday through Friday all year round... what are the chances that dad could get a child support reduction? 

Mom has kids every Tuesday night... then every other weekend and every other Monday... but kids come home every weekday morning to attend school/camp. 

Dad is currently paying $250/week for kids.

[CuriousMom]

Mom has kids every Tuesday night... then every other weekend and every other Monday... but kids come home every weekday morning to attend school/camp. 

-a little confused, almost sounds like they sleep at mom's every night? 

I'm in PA and ours is mostly based on who has overnights, this person is considered to have a higher percentage of custody dictating the DR payment.  But if you have joint physical which should be 50/50 you should be able to request a modification to have it reduced.

Just be careful if you do that though because they do ask for updated income/employment status which could also work in mom's favor.

[MomofTwo]

I agree, post is a little confusing, however, joint physical custody which is equally even does not always equate to a reduction to child support.  If there is an income disparity (one parent earns significantly higher income than the other), child support can still be ordered.

It is very dependent on the earnings of the parents.   Some states will give a reduction in support for significant overnights, but again, income disparity plays into that.

[strawberry_fields]

Sorry... I'll clarify... It was set up as:

Week 1 = Monday w/ Mom... Tuesday w/ Mom... Wed & Thurs w/ Dad then Fri, Sat, Sun w/ Mom.

Week 2 = Monday w/ Dad... Tuesday w/ Mom... Wed, Thurs, Fri, Sat, Sun w/ Dad.

On week nights that Mom has kids... Dad picks them up at her house in the AM because they go to school and camp in Dad's town. 

I guess my question was more aimed at the amount of money Dad is spending versus Mom on the kids.  All school clothes and supplies are purchased by Dad because they go to school w/ Dad.  All week day breakfast and lunch is purchased by Dad because they go to school w/ Dad.  All camp is paid for by Dad because they go to camp in Dad's town. 

Mom only pays for the dinners on the week nights she has them (one or two depending on the week), then pays for food for the weekends she has them (every other weekend).

When Dad requested to have the kids switch schools to his town (because she lives in a "bad town" and Dad lives in a nice country town)... Mom said, "The only way I will approve of that is if you don't request to have my child support reduced."  So he agreed.

The judge approved of this as well... however, since this happened a year ago... Mom has gotten a full time job (she had a part time job back then).  So her income has definitely gone up... I'm sure she is not making as much as Dad... but still... an increase in income is definitely there.  And now Dad is paying for the majority of expenses for the kids.  So... the $250/week that is going to Mom's is paying for... ?  The house she lives in.  And a handful of meals for the kids a week.  This amount seems fairly high for what her expenses are.  Her alimony ended last year (after five years)... which was great for Dad because that was an additional $150/week on top of child support.

I just find it frustrating that the Mom always seems to "make out" financially.  She has been able to work part time for the past five years and Dad had to supplement her income... however, if Dad decided to work part time... he would still be expected to pay his child support and alimony... and the judge would frown upon him for not "taking care" of his children.  Why does Dad have to kill himself... but Mom can sit back and enjoy life??   

[CuriousMom]

strawberry -

Try and find out what your state caclulations/requirements are for child support.  I can only speak for the state I'm in, but in PA the custody arrangement you clarified would qualify for lowering support.

But if it's specifically stated that way in your court order I would doubt it could be lowered since Dad agreed.   If it's not stated in the actual court order and was a verbal agreement at the time, I wouldn't see why you couldn't go back and have the file reviewed.  She should have to provide pay stubs and tax returns. 

Again, just be careful she is actually making more so Dad's isn't increased.

[Lolipoli]

In most jurisdictions, there needs to be a substantial and continual change in circumstances in order to request a child support modification.  Substantial means that the changes are important enough to affect the amount of child support; continual means that the effects of the changes are permanent or long-lasting, and not just a one-time irregularity.

[Waylon]

Defining "Substantial Change In Circumstances (http://deltabravo.net/cms/plugins/content/content.php?content.178)"

http://deltabravo.net/cms/plugins/content/content.php?content.178 (http://deltabravo.net/cms/plugins/content/content.php?content.178)