(Physical) Joint Custody

[Loving Dad]

I live in Louisiana and have a 1 1/2 baby girl.  The mother and I have joint custody, with the mother being the primary custodian.  I, therefore, am required to pay a hefty child support payment each month.

We have only been separted for about 8 months and my ex is always asking me to keep my daughter more and more (than our court agreement states), so she can go out and have a social life. I explained to her that since she wants to have a social life, that we should rework our court order to give me more time with my daughter.  My ex was in full agreement with giving me more time (actually the same amount of time she has my daughter).  When I mentioned that if we do rework our agreement, so we would each have my daughter equal amount of time, that we should also revisit the child support.  She then replied that she would have to talk to her lawyer.  Basically what she wants is the have her social life, but maintain the child support at the current level.

My question is this: If we are able to re-work our agreement to state that we both will be the primary custodians, will my child support be reduced significantly or even to nothing?  Also, if she is only willing to give me more time, but not change our "parental titles", what effect will that have on child support?

Thanks!!!!!!!!

[MixedBag]

Depends if your state takes the amount of TIME into consideration that you do spend with your child.

I suggest you keep a log for 6 months -- before you rock the boat and try to make anything legal.  

IF the CP "looses" money -- then she may decide to leave her with some one else instead of giving you the extra time.

[Kitty C.]

First, download the Parenting Time Tracker from this site and use it RELIGIOUSLY.  Record ALL the time your child is with you.  Go back and fill in as much as you can remember, too.  All this will come in VERY handy in court.

As for whether percentage of time spent has any influence on your CS amount, that is up to your state.  BUT.......if you are financially able, let the negotiations for CS go.......for now.  Get her to agree to getting the change in custody established legally, meaning modification of custody to reflect status quo.  Make NO mention of CS for now.

Then wait a minimum of 6 months (even longer if you can) before you file for a modification of CS.  Before you do, do the research to find out what the courts might do.  Most states have an online CS calculator you can use to get an idea of what they might rule on.

The reason she is balking is because she doesn't want to lose her 'gravy train'.  So she may refuse to even modify custody if you pursue changing CS with it.  If you make no issue of the CS, she would be lulled into thinking that the money will still keep coming in.

If your state does take into consideration the time spent with each parent in calculating CS, the info you have from the PTT will be INVALUABLE in court.  Also, save ALL receipts on anything you spend on the child, as back-up proof.

Good luck and let us know what happens!