Q: I have my son 5 days a week but I pay 450$ a month child support. How can I win at least split custody?
According to the court papers from our divorce, I am only supposed to get him every other weekend and one night during weekdays, but I have him at least 5 days a week. Sometimes 6. And I have him every weekend. I pay her 225$ every two weeks. I have hundreds and hundreds of photos with time and date stamps to prove how much I have had him. This has gone on since September of 2011. 6-1/2 years of this routine. I have him way more than she does. I'm tired of paying my ex wife 450$ every month for my child when I have him way more than she does. I need to know what steps to take so that I can get at least split custody and this child support dropped. It's unfair. The money does not go to my child. It goes to her, so she can buy the things she wants and pay the bills in a house that he's never at. What kind of evidence do I need to have a 100% chance of winning me case? It's do or die. Because if I lose, she will make the rest of my life a living hell.
A: You may not be defining your time with him the same way the court defines time. The court counts nights, and where the child goes to bed. If you are merely spending the day with him, it won't affect the custody order or child support. If you have him overnight more times than every other weekend and have done so for as long as you say, speak to a family attorney local to you about seeking a modification of the original custody decree.
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