Hi.
I need advice on whether I should fire my lawyer. I'm in a dispute with my ex about child support. I take care of my son virtually 50% of the time. In fact, the exact calculation in terms of time is about 46% of the time. My ex is desperately trying to impose the table amount anyway, and she is claiming that even when he is at daycare and school, it counts as her time.
I went to a lawyer, and at the start, he told me that I have a good case. After many months of negotiation back and forth, he is now telling me that the courts could see it either way because the law if foggy on time accounting. The issue about time accounting has never been properly figured out... so he states.
The questions are: should daycare and school count as her time and when? If I pick him up from daycare and drop him off the next day there, should that day count as mine or hers? Or, does it really matter; does it only count when we are actually with him?
Another thing that my lawyer just wrote to me was the following:
"As for the law, (and I agree with her lawyer) that just because you may have more time with your child, and even if they agree that it now means you have your child more than 40 % of the time, that does not automatically mean that your support is necessarily to be calculated any differently by offsetting your incomes, although it could be."
What the hell does that mean? Is he telling me that the table amount can still apply?
Can anyone tell me what I should be doing?
Thanks!! I appreciate your help!
I need advice on whether I should fire my lawyer. I'm in a dispute with my ex about child support. I take care of my son virtually 50% of the time. In fact, the exact calculation in terms of time is about 46% of the time. My ex is desperately trying to impose the table amount anyway, and she is claiming that even when he is at daycare and school, it counts as her time.
I went to a lawyer, and at the start, he told me that I have a good case. After many months of negotiation back and forth, he is now telling me that the courts could see it either way because the law if foggy on time accounting. The issue about time accounting has never been properly figured out... so he states.
The questions are: should daycare and school count as her time and when? If I pick him up from daycare and drop him off the next day there, should that day count as mine or hers? Or, does it really matter; does it only count when we are actually with him?
Another thing that my lawyer just wrote to me was the following:
"As for the law, (and I agree with her lawyer) that just because you may have more time with your child, and even if they agree that it now means you have your child more than 40 % of the time, that does not automatically mean that your support is necessarily to be calculated any differently by offsetting your incomes, although it could be."
What the hell does that mean? Is he telling me that the table amount can still apply?
Can anyone tell me what I should be doing?
Thanks!! I appreciate your help!
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