Q: Can my ex wife demand a raise on child support?
I’m on the process of divorce and I’m waiting on her to refinance the marital house so I can buy a house and take our children there with me every other weekend. Meanwhile I don’t have where to take the children so I have been staying in the couch of the marital house, where she lives, from Saturday til Monday morning. She is demanding me to stay from Friday til Monday, but it’s really uncomfortable being there so I don’t want to add one more night. She is saying she will cut off this nesting from our verbal agreement if I don’t start going over on Fridays and it will increase the CS I pay. More information: I spend a weekday afternoon and night at the marital house while the ex wife is at work to help her with the children. I try to spend another afternoon with the kids as I can during the week. Would it be fair to spend weekdays afternoon only til have a house? As of right now I’m living at my fathers and the place is really small and it can’t accommodate 2 kids.
A:
Your question is "Would it be fair to spend weekdays afternoon only til have a house?"
If there is no Family Court Order setting when you are with the children and when and if you can be in the Family Home then based on what you write it would be fair. While you are with the children there is no need to pay a baby sitter.
A: The child support guidelines have been revamped and are not so tied in to how much time each parent has with the children as under the prior incarnation of them. It is more income based currently. You should have counsel prepare guidelines for you using the information from your respective financial statements. It can be very risky couch surfing at mother's house in case accusations are made against you.
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