My ex and I worked out child support and visitation with Rosen almost 8 years ago. Now my oldest of three kids is turning 18 this summer. He wants to modify child support to only include the other two, and decrease it because he is now working part-time as a consultant and earning less, and I am now working as a teacher. He has given me Mother’s Day weekend the last two years and spent one weekend at a Princess outing with only one child, but he wants to count all of those days as his. Our papers say all Teacher Workdays are mine, but I have allowed to have the ones attached to his vacations, and he counts those as his days. How would a court determine the number of days the children spend with each parent, and how would they calculate a change in child support under these circumstances?

The actual number of overnights each parent has is used to calculate support, and your new incomes will be used.

How is the number of overnights calculated? Ours change from month to mo nth and year to yeay depending on the school vacation schedule and where weekends fall.

It is based on an average, if the secondary custodian has less than 123 overnights a year Worksheet A will be used, if the number of overnights exceeds 123 per year, a Worksheet B will be used.

Yes I understand that, but how do you determine that average? my ex and I have very different numbers.

How about making a calendar and counting the number of nights together.

We have a calendar, but the days vary drastically from month to month and even from year to year, depending on school breaks, holidays, and how many fall on weekends – how far back and how many months are used to determine the average? Plus the last two years he’s given me Mother’s Day weekend but he still counts those days as his.

I really don’t know what a judge would do in this situation. Perhaps an average of the last few years.