PDA

View Full Version : Do I still have to pay my ex when I have my son over 30 hours a week


daddy6
May 9, 2011, 05:35 AM
Do I still have to pay my ex even if my sons with me most of the time . I have him over 30 hours a week so I don't undertsnd why I should still be given her money when he spends so much time with me .

joypulv
May 9, 2011, 06:06 AM
There are 168 hours in a week.
If you want to try to change the support, you have to apply to the court.

J_9
May 9, 2011, 06:12 AM
30 hours a week is only one day and 6 hours. So, it appears you don't have him most of the time. So, yes, you still pay.

this8384
May 9, 2011, 07:39 AM
do i still have to pay my ex even if my sons with me most of the time . i have him over 30 hours a week so i dont undertsnd why i should still be given her money when he spends so much time with me .

30 hours a week is just shy of 18% of one week so unless that was a typo, your son is not spending "so much time" with you.

Typically, support is based on overnight visitation and not based on how many hours each parent has the child. If you have your son every single Friday and Saturday night, then it would be considered that you have your child 28.6% of the time.

The reason you "have to pay your ex" is because you created a child and your money is supporting your child - he needs food, clothing and shelter. Clearly, you do not have shared physical custody and you are not incurring the expenses of raising him - his mother is.

daddy6
May 9, 2011, 01:16 PM
I work early mornings I'm home by 2 my sons then wth me until 7 may be half 7. most Saturday nights he stays with me I feed him every day and got to change nappys every day . So I would call that 50 / 50 so I don't understand why I should give her money every month when she has him 50% of the time

this8384
May 9, 2011, 03:06 PM
i work early mornings im home by 2 my sons then wth me untill 7 may b half 7. most saturday nights he stays with me i feed him every day and got to change nappys every day . so i would call that 50 / 50 so i dont understand why i should give her money every month when she has him 50% of the time

Let me understand this: you spend approximately 5 hours a day with your child and "sometimes" have him overnight once a week. Regardless of what you "would call it," that is not 50%. As I said earlier, which you ignored, support is typically based upon overnight visitation - I have never seen a court ask the parents to document who had the child which day and for how many hours. If it's not overnight, it doesn't count.

If you'd like to put up a fuss about it, she can hire a babysitter - then you lose time with your child, still have to pay child support and potentially face paying half of the childcare expense. Or, you can be a man about it and pay support for the child which you created. Up to you.

ScottGem
May 9, 2011, 03:19 PM
There is a simple answer to this. What did the court order? If you feel the court order didn't take the time you spend with your child into account, then you go back for a modification.

AK lawyer
May 9, 2011, 04:17 PM
... so i would call that 50 / 50 ...

Daddy6 appears to be mathematically challenged. I wonder if he is challenged in other ways as well. :rolleyes:



... i work early mornings im home by 2 my sons then wth me untill 7 may b half 7. ...

Ok. Let's work with this. It is conceivable that he means he is home by 2 am and that he has the baby until 7 pm. Assuming a 5-day work-week, that would be almost exactly 50% of the time, plus Saturday nights.

I'm not sure that This's "If it's not overnight, it doesn't count" rule applies everywhere. As a matter of fact, I have never heard of it before. In any event, Daddy6 may be in the UK (note the use of the term "nappys" for diapers.)

joypulv
May 9, 2011, 05:55 PM
You're gone each day from about 6 a.m. to 2 p.m. And feel that your hours at work don't count, nor do sleeping hours? Wrong. 5 hours out of 24 plus 1 whole night isn't 50/50 by a long shot.

And nappys only need changing from 2 to 7?
Wrong again.

Fr_Chuck
May 9, 2011, 06:04 PM
Does not matter what "time" you spend with him unless you are asking for the court order to be changed, You are obligated to pay exactly what the court order says you are to pay.

Even if the child lived with you 24 hours a day, 7 days a week, until you went and got that court ordered changed you owe every week of support.

Not sure about your area, in Georgia, it is set using the amount of time you have the child, and the amount of time the other partner has the child, then looks at your earnings and their earnings and works out a formula on how much is owed.

Was this visit in the court documents ? Has custody levels changed ?

this8384
May 10, 2011, 01:23 PM
I'm not sure that This's "If it's not overnight, it doesn't count" rule applies everywhere. As a matter of fact, I have never heard of it before. In any event, Daddy6 may be in the UK (note the use of the term "nappys" for diapers.)

I never said that was the rule - had you bothered reading my posts, you would have noticed that I tried to precede my statements with the word "typically."

Your idea of "Dad's around the child from 2am to 7pm" can't be correct because by the OP's own admission, he has the child "over" 30 hours a week. A 5-day work week on your guidelines would mean he has the child 85 hours a week - 50.5% of the time - not including the Saturday nights spent with him. However, he clearly stated an certain amount of hours in which he has the child - and that amount was FAR less than 50%.

But the arguing is, once again, pointless until the OP comes back and explains what his situation is and what the court order is.

this8384
May 10, 2011, 01:29 PM
Not sure about your area, in Georgia, it is set using the amount of time you have the child, and the amount of time the other partner has the child, then looks at your earnings and their earnings and works out a formula on how much is owed.

The Georgia court spends the time poring over amount of hours spent with Parent A vs. amount of hours spent with Parent B, or were you stating that they base it off "Parent A has the child 70% of the time, Parent B has the child 30% of the time"?

We do the latter here, but don't nitpick hour-by-hour of visitation. Again, back to my comment of it being "typically" based on overnights - not just "I visited my kid for 5 hours today, so I want a 20.8% reduction in support for that day."