CS and Perm. Custody


#1

I have a couple questions reguarding child custody and child support in NC.

  1. Origionally my SO and his ex went to court and only financial was temporarily set. No custody was set, this was about a year ago. About six months ago both of them finally signed a schedule that they have been going by. The schedule is set with my SO having a few more overnights a month than the mother, but she works more nights than that so we have had the children about 18 nights a month. This has been the status quo for about six months and will be until they go back to court. My question is, how will the judge set custody and where they live? Will the judge take into consideration the schdule that we are keeping now. The children spend at least 5 nights a week at our house so this feels like home to them. Will the judge keep the status quo?

  2. Child Support. Okay this is where it gets confusing. A year ago in court the judge didn’t set custody but they did set financial support. At the time the mother had the children most over nights, she was not working and my SO was making more money. The judge set spousal seperation support at $400 / week and cs at $300 / weeks but was only to be paid for 6 months. At six months my SO stopped paying spousal support but cs continued to be taken out of his check. About three months ago my SO got his pay cut but has still been paying $300 / week. So now we have the children 18 overnights a month, the mother is now working about 32 hours a week and my SO is making less money. Also, the choildren are on my SO’s work insurance and SO’s mother is providing free childcare while the mother is at work. My questions is will the CS be lowered or will the judge rule it to remain the same as it is now.


#2

If the parties have agreed to a schedule the judge will not determine custody as it has already been settled.
Child support should be recalculated according to the new schedule and new incomes.