Q: Actual custody vs reality; Additional children; Voluntary work reduction
1. The original order granted 50/50 custody. However, for the past several years custody has shifted to 57/43 with me (the payor) having the children more. Will this be considered in the upcoming child support modification or is it always based off 50/50 despite the reality?
2. I have since remarried and had another child; will this be considered in money I owe to my ex?
3. My ex reduced the number of hours she works by 10%. Will this be considered in the support order? She has the potential to work full-time (40 hours) but only works 36 hours.
A:
1. The court may choose to look at the "reality", but remember we go by the number of overnights, not daytime hours. You may want to consider filing to modify the custody order to reflect what you actually do.
2. Probably not on the new child and most likely not as to your new spouse if she earns income. The obligation for support is between the parents, not any new spouses.
3. It would depend on the reason her hours were reduced.
It would probably be helpful to you to at least meet in person with an experienced family law attorney to review all of the details in your case rather than go into court without a better understanding of what can, might, and cannot happen.
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