My husband has 'sole physical custody' and 50/50 legal custody of his child. The ex pays guideline suuport according to the dissomaster. We are confused about the % listed. It lists "% time with NCP...Mother 5%". Only thing regarding visitaion in court papers is that mother will see child "2 days a month" - child may spend more time if child wishes. Ex now wants to amend support as she says she sees child 20% because child has spent a few 4 day weekends and 2 weeks for vacation. Ex wants support to reflect that. This is not the norm... just worked out that vacations and 4 day weekends did not interfer with sports and other activities. Can she have support amended?

Can she have support amended?

It depends on the state law.Which state?
BTW I guess you live in a state where Income Shares Model is used.

We live in California. I'm still not understanding why it's listed that the ex has 5% - when that is not what the court docs state.

In California, child support is calculated with a very complex algebraic formula that takes into consideration the parents’ incomes, each parent’s time with the child, and any tax deductions that are available to either parent.

To determine the child support guideline for a child, the following information must be obtained:

* The gross incomes of each parent.
* The percentage of time each child spends with each parent.
* Any available income tax deductions that the parents can claim, such as mortgage interest.
* Mandatory payroll deductions, such as health insurance, pensions, and union dues.
* Child care costs incurred by either parent.

CS = K (HN - (H%) (TN)).
CS = child support amount.
K = amount of both parents' income to be allocated for child support
HN = high earner's net monthly disposable income.
H% = approximate percentage of time that the high earner has or will have primary physical responsibility for the children compared to the other parent. In cases in which parents have different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the high earner parent spends with each child.
TN = total net monthly disposable income of both parties.
K (amount of both parents' income allocated for child support) equals one plus H% (if H% is less than or equal to 50 percent) or two minus H% (if H% is greater than 50 percent) times the following fraction:

Total Net Disposable Income Per Month K
$0-800 0.20 + TN /16,000
$801-6,666 0.25
$6,667-10,000 0.10 + 1,000/TN
Over $10,000 0.12 + 800/TN

Thanks GV70.
I've read this before and do understand this part of it. I guess I'm wondering if - my husband has sole physical and the ex only has 2 days per month IF my stepchild wishes that(sometimes it's more, sometimes its less) - how does that equate to 5%? I suppose we're just confused by the 'sole physical' and then the ex is listed as having 5% on the dissomater. This may be really simple but, it's late and my brain is fuzzy ;o] Thanks again.

Thus there are two key factors:
1.The income
2.The parent's time with the child/ren/

Thanks GV70.
how does that equate to 5%? I suppose we're just confused by the 'sole physical' and then the ex is listed as having 5% on the dissomater. This may be really simple but, it's late and my brain is fuzzy ;o] Thanks again.

In my opinion if she has only two days a month the ex has to be listed as 7% on the disomaster.

24/365=6.58%

I thought your question was:

Can she have support amended?

There is something wrong there...
According to the California Family Code section 3007, "sole physical custody" means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation."

If she has her two days it means your husband has Primary Physical Custody

Well, yes that was part of my question GV70.
Can it be amended - over this past year my stepchild has been with the ex more than the 2 days per month. BUT that will change when school starts - it will go back to 2 days per month or even less. The other thing to note is that the ex has had an increase in income and we have had huge decrease in income.
My understanding is that courts usually modify/amend child support due to income changes more so than visitation changes? Sorry if these are obvious. And thanks for your help.

Oops..
The time for visitation IS calculated but may be reduced... thus 5% might be right percentage...

My understanding is that courts usually modify/amend child support due to income changes more so than visitation changes?
Both the income and the parental time are important in California.
In the state where I used to live in the child support formula is based only on income.One child-17% two children-25 and so on. It is not true in California.

I have a copy of the docs in front of me... it states; 'joint legal custody. Sole custody with father"

"Child will be with mother 2 days a month. The days and times may be changed to accomadte child's wishes and plans"

When this all first took place 6 months ago... my husband was given sole legal and sole physical. Six months later the ex was given 50/50 legal but 'sole physical' was still to my husband.

Opps... I meant to type "joint legal custody. Sole physical custody with father"

... I suppose we're just confused by the 'sole physical' and then the ex is listed as having 5% on the dissomater. ...

After googling "dissomaster (http://www.google.com/search?q=dissomaster&rls=com.microsoft:en-us:IE-Address&ie=UTF-8&oe=UTF-8&sourceid=ie7&rlz=1I7GGIE_en)", I understand that it's a program you can buy to calculate child support in California. It doesn't matter. What does the decree say as to what should be paid? That's the bottom line.

If you believe that whoever ran the CS calculation, whether on Dissomaster or by hand, made an error, the first thing you should ask yourself is whether it is significant enough to warrant asking the court to re-determine the support figure.


... the ex was given 50/50 legal but 'sole physical' was still to my husband.

Putting a percentage on legal custody is absurd: it simply means that both parents get to be involved in major decision-making.

And "sole physical custody" is not really pertinent either. As you know, the important part is the percentage of time each parent has with the child. Whether it's called "visitation" or "custody" is immaterial.

Thank you AK Lawyer.
After reading responses and going over the paperwork again - Calif law regarding child support comes down to income and % child is with each parent. Since the time my stepchild is with the mother has fluxuated, it's kind of hard to determine the %. He had more 'free' time this past school year to visit her but, that will change when school starts as he is involved in sports and other activities. Plus sometimes he just rather not visit. The court docs do state that he is to be with mother 2 days per month but that all depends on his wishes and plans/schedule.
Thanks again.

In my opinion if she has only two days a month the ex has to be listed as 7% on the disomaster.

This may or may not be true depending on the situation. In California in order to actually count it has to be overnight.

Example. Father picks up child in the am and gets them ready for school and feeds them. Picks them up from school and takes care of them till after dinner and before work drops them off with the other for bedtime.

The Calculation according to California. Father 0% and mother 100%.

Makes totale sense huh? ;)

Makes totale sense huh? ;)
:)

Here's the whole low down of our situation... my stepson is 16. When he entered Jr High he wanted to live with us more. Custody was changed from 50/50 to 60/40 - he was going to mom's Friday after school until Sunday after dinner. Before freshman year he wanted to be with us 100%. Went to court, my husband was granted "solel legal and sole physical custody" - the stipulation was that my stepson would see his mother when he wanted to (mother did not contest it) - that was put into the court docs by the mediator and signed off by the judge who awarded child support to my husband. The dissomaster actually shows "% time with NCP - mother 5%" but there wasn't a 'set visitation schedule', it was when my stepson wanted to see his mother. It was revisited 6 months later, mother requested 50/50 legal custody but did not request to change physical other than to tell the mediator she "wanted at least 2 days a month" and to alternate major holidays. In the court docs it is stipulated that "The days and times may be changed to accomodate child's wishes and plans/schedules". There wasn't any change of support. Now since this past year he has 'visited' more than the "2 days a month" the ex wants support amended to reflect more time with her. The thing is - my stepson wasn't involved in sports or other extra activities this past year. But this year he will be(by his choice) and he has already told his mother that he will not be seeing her as much this year. So, we're trying to understand why or how she can have support amended. She has not had a decrease in income, we do not experience a 'saving' in child care expenses when he visits mother. So, we're not understanding it.
Sorry so long=I

If it hasn't been 2 years and there hasn't ben a substanial change then they are not even going to entertain it. Also with her given the 5% that could have been an adjustment made when the dissomaster made the calculation for the original support.

Califdadof3 -
Thanks for your input. It hasn't been 2 years yet. We thought the 5% was a result of the calculation/dissomaster. But got a little confused when she started saying she has "5% custody".
Geesh, I tell ya' you have to be a pralegal to understand most of this stuff ;-I