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  • Status quo and access/vistation

    I've searched through the forum and found some answers that I think apply to me, but I'm not really sure...so here it is..

    My ex and I separated in Dec 06. He moved out (he wasn't able to stay in the home as he was charged with assault by the police - he was later acquitted)...He moved into an apartment at the end of Jan 07. From the get-go, (as I was a pawn in my parent's divorce), I promoted frequent access/visitation for our then 2.5 year old daugther. Over the last 2.5 years, he has had her 43% of the time and I've had her 57% (annual average for each year and 09 year to date). I've asked for $0 CS. I've asked that he pay 50% of all daycare, extra curricular etc and provide for her when she is in his care. I make more than him and always have.

    In Jan 08, he moved into a very poor area of town with a woman and her two children. We maintained the same visitation/access schedule.

    Now, we are finally getting the sep agreement done and i presume his lawyer has told him if he has 50/50 access that I will have to pay him child support (as this was listed in his draft separation agrement that I received from his lawyer).

    What are the odds of him getting 50/50 at this point? For 2.5 years, we have maintained the exact same access/visitation schedule. I maintained the matrimonial home and have paid all of the mortgage/bills since he left in 2006. Our daugther attends a school around the corner from my house. How would 'primary residence' be determined? Woudl I have a greater chance of being the primary residence?

    Thanks so much! This forum is a life-saver!!!

  • #2
    Based on my personal experience, status quo is a huuuuge factor. And since the status quo has been maintained for over two years, I doubt a judge would rule to change it. Especially when your daughter is attending school around the corner and considers your home her primary residence. Judges tend (I say tend, because you can never predict the outcome) to not want to uproot a child.

    I think you'll be okay. Just state your case as is... that this has been the access for 2.5 years and that your next has never requested a change in access until now... that your daughter is well adjusted in her primary residence and attending school within walking distance... that she is well adjusted to the access schedule with her father... and that there is no circumstance in which it should be changed as it would only cause your daughter undue distress.

    I think you have a very good shot in keeping things as they are. :-)

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    • #3
      Given your sharing 43/57, which is considered 50/50 for support purposes (and rightly so) and that you make more money, you should pay CS to him by 'the set off method' (your CS table amount - his CS table amount).

      I would have this automatically adjusted in July every year based on the preivous years tax returns.

      Extraordinary expenses (medical, daycare) should be split relative to your two incomes.

      Normal expenses (school trips, clothing) should be split 50/50 as the monies for that has already been equalized by your CS payment.

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      • #4
        I think you have a very good chance of maintaining what you have already in place. I would however be worried about the CS you might have to pay him. Talk to your lawyer.

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