Child support and Overnights with Aunt/Uncle


#1

So I have a quick question that I would to get an answer to ASAP.

My ex and I have 50/50 custody. We currently have a TPA that has a pending permanent custody case on the horizon. Right now I pay my ex $400 for support (we agreed to that amount per the separation agreement the judge ruled nothing on child support at that hearing). At that time, she was unemployed and had no job and my child was 2 years old. Now, she’s fully employed, my daughter is 4 years old, and my ex works 2 jobs and makes roughly $20,000 a year (she’s bragged to me that she makes even more than this but that it doesn’t matter because she’s not going to claim it on her taxes and that she’s going to screw me over for the rest of my life with the child support because she’s never going to claim what she really makes in tips, etc). Per the child support guidelines, I am actually paying her about $115 too much when you consider the amount of money I’m spending on my daughter’s health insurance, daycare, etc.

Okay with all that said, here’s the twist - my ex is living with her sister and brother-in-law. On Tuesday nights, my ex works from 3 PM to midnight or even later. I have absolutely nothing to do and sit at home wishing that I could have my daughter with me since I get off work at 5:00 PM. My ex won’t allow me to come pick my daughter up from my daughter’s aunt and uncle “just to spite me” (in her words). That being said, since my daughter is basically spending the night with her aunt and uncle every single Tuesday, doesn’t that mean that one day out of the week each year (52 days) she’s on her aunt and uncle’s time, which means that the number of “overnights” per the child support calculation should be adjusted accordingly? I pick my daughter up at 7:30 AM every Wednesday, so my child literally is with her aunt and uncle the night before and the very next morning at 7:30 AM I wake up and go and pick her up… ridiculous I know.


#2

I certainly believe that her work schedule should be argued as a reason to change the child custody order, but since she technically has custody of your child on these nights, they are counted as her nights for child support purposes.