Dad with Joint Custody

North Carolina Divorce Law Divorce and Separation Answers
1

Hello

I’m a father with joint custody of my 5 year old son (monday to monday) and I was awarded zero child support because our incomes are vertually the same. I do pay for my son’s health care benefits. I don’t pay alimony because I caught her cheating. She remarried a millionnaire and lives in a $2 million lake home. I’m remarried to a wonderful Christian women.

My over night business travel has increased and part of our Child Consent Agreement is Right of First Refusal. When I’m on business travel my ex has the right to watch my son and then I’m supposed to be able to make up the missed time within 7 days.

However, my ex is making it diffilcut for me to make up the time. She states it’s my job that keeps me from my son…not her. Recently, I was trying to make up two days and my ex was giving me a hard time. She wanted a picture our son made in art class and told me if I didn’t give it to her I would only be able to make up 1 of my 2 days with my son. Needless to say I gave her the picture and got my 2 make-up days.

I sent a note to my attorney and she pointed me back to our Child Consent Agreement and said my ex and I need to follow it. Additionally, our Child Consent Form states my business travel can’t be used against me to gain more custody.

I’m concerned my ex is using my business travel to build a case to seek majority custody of our son. My attorney responded but seems too busy to give my situation a second thought.

1.) Can my ex get in trouble for threating to withhold and/or make it difficult for me to make up my time with my son…? 2.) Do you think she could be successful pursuing a trial to get more custody…?
3.) She has decreased her hours at work to part-time. Could she be successful in suing me for child support…?
4.) or…should I chill out and know my rights are protected by my Child Consent Agreement…?

Thank you…!!
trubelvr

2

You can file what is called a motion to show cause, also known as a motion for contempt. If your ex is disobeying the terms of the order and begin uncooperative in allowing you to make up your time pursuant to the terms of the order she can be held in contempt by the court.

If your Order specifically states that your business travel cannot be used as a factor to modify custody it cannot.

If your ex’s income has decreased by 15% and it has been 3 years since the entry of the last order, she can attempt to have child support modified, but will be unsuccessful if the court finds that she is depressing her income in bad faith (ie to get you to pay support).