[bellaluca]

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

[cdad]

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.

[bellaluca]

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