[inevitable41]

My wife and I where officially divorced in December of 2012. Out of the calender year, she will have them approximately 40 days more than I will. My question is two fold. Can I get 50% visitation of our kids and also can my child support be reduced?

[ScottGem]

Whether you can get 50% depends on where live, how old the children are, how close you live and other factors. Since the divorce was final 6 months ago, I doubt if the court will entertain a modification of either custody or support this soon.

[inevitable41]

I give my ex wife 800 per month in child support. She has our kids 40 more days than I do throughout the school year and then we rotate weeks in the summer. Both out kids and I want 50 % visitation for the entire year. Will this reduce my support to no money at all?

[inevitable41]

Whether you can get 50% depends on where live, how old the children are, how close you live and other factors. Since the divorce was final 6 months ago, I doubt if the court will entertain a modification of either custody or support this soon.

We have four children. Our oldest boy is eleven. We have twins boys who are nine and a girl who is four. In the divorce decree, I made it so she had to stay close. We live approx. 5 miles from each other.

[ScottGem]

Please don't start a new thread for the same question. If you want to add something, post a Reply to the original question. I merged your two threads.

Is your concern more time with the children or paying less? Like I answered previously, its unlikely a court will hear a request for modification this soon. And even if the 40 days did make a difference, the reduction in support wouldn't be huge.

[inevitable41]

Please don't start a new thread for the same question. If you want to add something, post a Reply to the original question. I merged your two threads.

Is your concern more time with the children or paying less? Like I answered previously, its unlikely a court will hear a request for modification this soon. And even if the 40 days did make a difference, the reduction in support wouldn't be huge.

My first concern are the children. I am just thinking why would I have to pay her anything if I have them half the time?

[inevitable41]

My first concern are the children. I am just thinking why would I have to pay her anything if I have them half the time?

She is taking me back to family court next month. She is trying to take one day away from me.

[ScottGem]

My first concern are the children. I am just thinking why would I have to pay her anything if I have them half the time?

5 miles may be a problem if you don't live in the same school district. The children, being of school age, need to go to be in one school. That could be the reason for the disparity in time.

As to why you have to pay, since I wasn't at the divorce hearings I don't know what arrangement was agreed to or ordered by the court or why. You might want to discuss this with your attorney.

[inevitable41]

5 miles may be a problem if you don't live in the same school district. the children, being of school age, need to go to be in one school. That could be the reason for the disparity in time.

As to why you have to pay, since I wasn't at the divorce hearings I don't know what arrangement was agreed to or ordered by the court or why. You might want to discuss this with your attorney.

It's the same school district. The agreement was sort of a last minute thing. Ninth inning type of decision the attorneys came up with. We had a forensic psychologist involved also. I just want more consistent time with our kids.

[ScottGem]

Its the same school district. The agreement was sort of a last minute thing. Ninth inning type of decision the attorneys came up with. We had a forensic psychologist involved also. I just want more consistent time with our kids.

As I said discuss with your attorneys when you can petition for a modification. Usually you have to wait at least a year.

[cdad]

Also do you make more money then she does? If so even with 50/50 you will still be paying support.