Has he even asked her if he cd have more time with his son to see if she wd give it to him? Maybe she would.
Durham county believes in 50/50 split. Wake county does not. Just file a simple motion requesting more time with his son if his ex refuses to give it regardless of the county and make sure its with good reason(not just to reduce child support) AND making sure it will NOT interupt the childs normal routine which is MOST important to consider. You dont need joint custody to see the boy more. Joint custody is only about decision making. If he has not missed a day of visitation with his son and he is not on drugs or abusive his chances are extremely good to be granted more time. Six yrs old is an acceptable age for this type of change provided the boy and his father have a close relationship. Does the father at least attend school events with his son or get the boy into sports? There are two ways he can spend more time with him without going to court.
Child support and Child visitation are TWO seperate issues and the courts will accept hi8s request for more time ( I assume he has a very good reason he is behind in child support).Why wd he be behind in child support? Did he lose his job?
BTW-I can assure you EVERY bit of his child support is being used for the child-do you think children eat for free and pay for their own clothes?? She has to pay rent for a place suitable for the kids-unless they live with family for free and in that case he needs to up the anti in child support…at least catch up on what he owes. She has been very generous to allow him to remain behind in child support if he is not paying thru the courts.