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Author Topic: Custoday changing 50/50  (Read 15459 times)

dugs_cj5

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Custoday changing 50/50
« on: October 16, 2014, 04:15:10 PM »
My ex and I have been splitting custody of our two children 50/50 for quite some time but just to cover myself I want to make official through the court system.  Will this custody change make any difference in my child support?  My ex wife is custodial parent and salary is almost 3 times mine.
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Guru

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Re: Custoday changing 50/50
« Reply #1 on: October 16, 2014, 05:14:12 PM »
What you will be changing is not the legal custody, but the physical custodial arrangement, correct?  I'm assuming you are practicing a week-on/week-off or Mon-Tues/Wed-Thurs and every other weekend type of schedule, right?

Changing physical custody to a "shared" would likely impact child support quite substantially.  The free calculators found on this site will be able to determine exactly how much you would end up paying (or receiving).  With shared custody, child support is very dependent on both parties' wages.  If she makes 3x your salary, I would imagine she would end up paying you support.  However, there are direct expenses to consider (things like school enrollment and school lunches).  Someone has to be responsible for those.  So if she is responsible, it will reduce what she pays you.

Is she agreeable to all these changes?
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dugs_cj5

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Re: Custoday changing 50/50
« Reply #2 on: October 16, 2014, 07:41:27 PM »
Right shared custody...Is there a difference between shared custody and shared residency?


We have been practicing Mon-Tue, Wed-Thur, and every other weekend.

So if she doesn't agree then we go to court and they decide?
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Guru

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Re: Custoday changing 50/50
« Reply #3 on: October 16, 2014, 08:09:38 PM »
Yes, shared custody=shared residency.  The only requirement is that you share time equally or nearly equally.  In my experience the court will order whatever has been regularly occurring rather than what is currently ordered, so that should work out.

If she does not agree to change custody/parenting time to shared 50/50, then it is possible she could request an evidentiary hearing (small trial).  These can get expensive.  Custody issues are considered large matters and get drug through the courts.  But, don't let that discourage you.  Sometimes parents come to terms with things as court progresses.

The reason I ask about the agreement is because once she figures out that she will not only get no child support, but will have to pay you support, she may elect not to agree to the change.  It would be a financially driven decision, but a disagreement means court time and more $ paid to keep your attorney and judges employed.  If it were me, I would keep the child support and custody issues completely separate.  Get custody changed first, then take up the child support issue later.
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dugs_cj5

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Re: Custoday changing 50/50
« Reply #4 on: October 17, 2014, 01:30:47 AM »
Thank you for the advice.

So if I do the change to custody first can there be any fighting the change to child support later without her trying to change the custody back?
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Guru

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Re: Custoday changing 50/50
« Reply #5 on: October 17, 2014, 07:25:23 AM »
Not really.  Child support depends on parenting time.  I will say if you're hiring an attorney it may be cheaper to do it all at the same time.
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KTM

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Re: Custoday changing 50/50
« Reply #6 on: October 17, 2014, 05:11:45 PM »
If you have an active Divorce case number in a Kansas court you can file a written agreement signed by both parties and notarized into the court record.
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