[worstsummerever]

I recently filed for child support and as a retaliation of that, my ex filed for more parenting time. He did this because he knows the more time he spends with the kids, the lower his support payments will be. We have been apart for 5 years and he never asked to spend any additional time with them other than the every other weekend that we both agreed upon. Does anyone know how judges typically rule in these situations. I am against them spending anymore than everyother weekend in his household because I do not like the things that go on in that house. I also know that he is not interested in spending more time with the kids, only in lowering his support. Any one had a similar situtation that can tell me what the judge decided in your case?

[JudyKayTee]

This is simply not true - I have NEVER in all the years I've been involved in the Court system (and, yes, I went to law school) seen a custodial parent get LESS support because the non-custodial parent got MORE visitation. Never once, ever.

There is no "typical" ruling. A lot depends on the State.

If he's a danger to the children, then you argue for less or supervised visitation and you PROVE your allegations.

Even if you are talking about lengthy periods of visitation during the summer the Courts (in NY) are now taking the position that the custodial parent still has to maintain the home and support is NOT being adjusted.

You stated he "knows" this. How does he "know" this and how do you "know" he knows"?

[worstsummerever]

Because we were both told in mediation that the more overnights he has with the children, they factor the percentage of his parenting time and they do subtract it from the support. I know he knows this because I was with him when the mediator told us that. This is NJ by the way.

[JudyKayTee]

Amazing and I just researched NJ law and cannot find this. Here are the guidelines. I find nothing like what the mediator told you - Rule 5:6A Child Support Guidelines.

I have never seen parenting time factored in - that would be adding dollars and cents and hours and that doesn't make sense.

I'll keep looking, though.

[MomWontGiveUp]

Oregon also has child support guidelines that factor in parenting time. However, the non-custodial parent must have at least 25% overnights in order to receive a "credit" off the assigned support.

I am exploring options for either filing for full custody or petitioning for more parenting time. If I go for the increased parenting time only, I was not going to ask for a child support review. In fact, I will specify that custody and child support will not change. My primary goal is to spend more time with my children. I would hope that leaving support intact, my petition would be met with less resistance; from the court, my ex and my children (they know the CP really needs the money.)

I'd think that your ex will need to show that this change in parenting time will be in the best interest of your children. If he can't show that, then hopefully the judge will see any ulterior motives that may exist.

My answer is based on my own experience and observations and should not be construed as legal advice.

[ScottGem]

Yes visitation time can be a factor in some areas, but not a few extra overnights. There would have to be a significant increase. Even if the father had the child every weekend, I doubt if that would affect support.

But what is your complaint here? If he gets increased visitation and support is reduced, then your expenses will be lessened. So it should work out.

[worstsummerever]

Well my complaint is that increased visitation is not in the best interest of my children. Id even agree to the credit in place of them spending more time over there if it came down to that. But thank you all for your input.

[ScottGem]

Well my complaint is that increased visitation is not in the best interest of my children. Id even agree to the credit in place of them spending more time over there if it came down to that. But thank you all for your input.

OK, Sorry, I reread your OP and see you "do not like the things that go on in that house". In that case, you need to document and provide proof of what you object to. You then show the court why you think it wouldn't be in the best interests of your children.

You asked is anyone had a similar situation, but we can't know its similar without knowing what the issue is with him having more time with his kids. If you are looking to limit his time, you will have to convince a judge why.

[cdad]

Well my complaint is that increased visitation is not in the best interest of my children. Id even agree to the credit in place of them spending more time over there if it came down to that. But thank you all for your input.

Why isn't it in the best interest of the children? Is he a direct danger to them?