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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 11-08-2012, 10:00 PM
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Originally Posted by stressfultimes View Post
I've always been an involved dad. Why can't I have a day off with him?
Why can't you? Make arrangements with your job to only work four days a week, which hopefully isn't impossible if you're self-employed, and reduce the kid to three days a week of daycare. If you want it that badly, make it happen. If your ex and her lawyer argue, explain that you've been observing how her day off with the boy succeeds for them, and you've decided it would be good for your relationship with him to do the same. They can't argue for it for her and not for you without looking completely hypocritical. Assure her you'll increase your hours again when he goes to school full time, like she intends to do.

As for the finances, skip spousal support entirely. The onus is on her to prove entitlement.

If you have 47% custody, child support is going to be by offset. To determine starting amount, use her most recent paystub vs your most recent business estimate (lower than previous years for both of you), or the average of her three most recent working years vs your three (higher for her, less for you). Offer both those systems and let her pick which one, to be fair. Then you can do standard annual adjust after that based on real income.

By the time you are done arguing for her income to be imputed to five days a week, it's going to be Sept 2013 anyways, and you'll be out more in legal fees than you would pay in extra CS. If she doesn't go back full time at that time as agreed, you have a much stronger case for imputing.
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Old 11-09-2012, 12:02 AM
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Being self-employed lets you determine your own work day/week. Payment of spousal support, if she proves entitlement, will likely be determined on your employment income history (past) not on what you estimate you will make (future). If you want to work 2 days a week that's entirely up to you but be prepared to pay what is calculated on past income earning history. I realize it is frustrating but the process is in place for those people who reduce their income simply to try to get out of paying support.
  #23 (permalink)  
Old 11-09-2012, 12:03 PM
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Originally Posted by stressfultimes View Post
.....I've always been an involved dad. Why can't I have a day off with him?
So do just that. You're self employed, make up your own hours. I work 60 hrs a week, but the days I drop/pickup my child I only work 6 hours a day. the days without him I work 10-12.

Put your kid over your job, arrange your job around your kid time and wa-la! I'm sure that is easier said then done but I'm sure you can find a way.
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