50/50 just to avoid child support

Nadine - posted on 10/28/2013 ( 6 moms have responded )

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My ex-husband wants our 4 year daughter 50/50 just to lessen the child support, however he works 10+ hours a day and cannot pick her up from day care. Can he still get 50/50 if he has his dad pick her up and take care of her until he gets off from work at after 8:30

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Enna - posted on 10/30/2013

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I don't think it sounds unreasonable. Even if he does work he has a right to see her. And is it really so bad to have her with her grandfather? Sounds like she's getting even more attention.

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Amanda - posted on 10/29/2013

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Regardless of whose care your daughter is in (daycare or granddad), shouldn't have any effect on whether time sharing is 50/50 or not. There are a lot of factors taken into consideration when making that decision and just because he wants to pay you less, doesn't mean 50/50 wil happen.

Best bet is to get a lawyer and run all of these things by them.

Nadine - posted on 10/29/2013

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Don't have a lawyer yet, but I do not think its in the best interest of the child and especially if I will end up paying him child support just so he can just turn her over to granddaddy. If I will have to do the doctors appointments and extra cirriculum activities even on his days since he works 10-13 hours a day. just doesnt make sense to me but again thats up to the judge I guess.

Jodi - posted on 10/28/2013

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I agree with Mama, that a schedule be arranged where dad can have her more when he is off work. I, too, support both parents having substantial input into their children's lives, but I just don't see the point of him having her if he is not home until 8:30pm, by which time, she'd pretty much be in bed.

It all really comes down to the best interests of the child. The worst thing you could do is walk in and argue that he is only doing it to reduce child support. The court will see that as petty and irrelevant.

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In my opinion, kids should be in a 50/50 arrangement whenever possible so they can have BOTH parents in their life as much as possible, and the fact alone that dad needs childcare is not a fair reason to ask that he not be given 50/50 custody. After all, you stated that you have her in daycare. Why is it ok for mom to employ childcare but not dad? However you didn't give much info, like whether he is at work from the time she wakes up in the morning until 8:30 pm seven days a week. If not, I would wonder, if dad were given 50/50 could the schedule be arranged such that he has her on days when he has the most time off work? Would his days with her necessarily HAVE to be the days he works late? Or does he work late in the evening because he goes to work later in the morning, and could spend just as much time with her before work rather than having her in daycare that whole time, and he could take her to daycare later? This is just my personal opinion without all the details obviously, but unless dad works all day and all evening seven days a week to where he'd never see her anyway, I don't see an abnormal or late work schedule as a reason to deny shared time with his child. I would try to work his time with her into whatever days he has the MOST time to be at home and if he needs childcare for some parts of that it's no different than mom needing a babysitter or daycare.

Jodi - posted on 10/28/2013

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I think this one could be very easy to argue that the child is not likely to see her father while she is there and will have very little quality time with him, whereas at your house, during the week, there will be quality time with a parent each evening before bed. It certainly doesn't sound in the best interests of the child. But who knows how a judge would decide, depending on the argument your ex puts forward. Do you have a lawyer?

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