Joint Legal Custody vs. Joint Physical Custody


#1

Dear ncanuck:

Greetings. Child custody and child support are separate legal issues. When you are talking about child support, you are talking about the amount of time that each of you has the children in your care to determine the costs and therefore need for child support. The only way the court could standardize this is to count the overnights.

If you agree on an amount less than the child support guidelines, then yes, child support can later be set at the amount indicated in the child support guidelines. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks Janet,

To clarify the child support issue, can the judge himself question the amount or does it require a modification request by either spouse?

Thanks.


#3

Dear nccanuck:

Greetings. Generally the judges do not review an issue that is not calendared before them for the day you are in court. If an issue is already set, the judge does not look at it again unless you file a Motion to Modify or some other motion. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Hi,

I’ve been reading thru the forum and have found much of the info very helpful. One question I have:

1.My soon to be ex wants to have joint legal custody of our two minor children, with hers being the primary residence.

2.She is proposing that I have the children one week night and every 2nd weekend. She defines the weekend as 3:30 Friday (afterschool)to 6 pm Sunday (i.e. 2 overnight stays). Doing the math, that’s only 104 overnights per year.

I see that for child support calculations Joint physcial custody is defined as a minimum of 123 overnights. How does this factor into legal custody?

If we agree in our separation agreement on a fixed amount for child support, can this be overturned later with a disclosure that the criteria for joint physical custody is not being met?

Thanks in advance.