Overnights and Child Support Calculation


#1

Do you have a parenting agreement or a court order?

It sounds like it may be time to get the custodial agreement modified so that it reflects the schedule you have actually been exercising. If he does not agree to the modification you will need to go to court to seek the modification. If you have a court order you will need to move to modify custody, if you do not have a court order you can file an initial complaint for custody and ask the court to determine what schedule is in the children’s best interests.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Helena-

Thanks so much for your response. I really appreciate this forum and your advice so much as I have had to represent myself in these types of matters. Your advice is often a god send for me.

But to answer your question, yes we have a court ordered custody agreement in place now. But I think you are right since he has not exercised his visitation over the past 5 years I think it is time to modify.


#3

I wish you the best of luck.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

About 5 years ago, the ex and I divorced. There was a custody agreement stating I had primary custody and he had secondary with visitation. The agreement states that Worksheet A would be used for CS calculation. The agreement also outlined his visitation totalling about 123 days per year. Please note that he never has exercised that visitation, he has only exercised about 80 days per year over the last 5 years. Now after 5 years he is trying to go back to the original agreement and exercise his visitation totalling 123 days per year. My questions are: can he just change his visitation schedule any time he pleases? can he have child support recalculated on worksheet b (which he says he is going for)? should I have visitation modified based on his history + he lives an 1.5 hour away from child’s school? Any advice appreciated.