Q: How long can the courts hold you to a earning potential ? We keep appealing it and nothing happens! Help ! PART 1!!
So my fiance and his ex separated January 1st 2016. He has two children to her, a 3 year old and a soon to be 10 year old. He was working 2 part time police jobs at the time and she took him for support because she got upset finding out he and I got together. He was paying her 600 a month January to March I believe and they didn't consider it, which I'm finding out is normal... needless to say he has arrears. They have 50/50 custody technically, but the courts say he needs one more night. He has them Monday evening, all day Tuesday and every other Wednesday and Thursday morning. She has them every other Wednesday evening and every other Thursday mornings , all night Thursday, all day Friday, Saturday and Sunday. Monday morning she drops them off at school and daycare even when there is no need for daycare. She is all about the money. We have appealed it several times. Still no change. It only changed when she got income tax and it raised her monthly income. He left his 2nd job....
A: I assume you're posting the rest of your question later? I can tell you that 50/50 custody is calcluated by overnights so, if your BF doesn't have the children overnight for 7 nights out of every 14, he doesn't have 50/50 custody, no matter how many days he has them without sleeping over. He may be entitled to a reduction in his support if he has them more than 40% of the time, however.
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