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  • intern custody and access

    Please leave me some legal advice.I have an order that puts my children in my care every other week from Wed. at 6:00 to Sun. at 6:00 when the ex is working nightshift or on weekends.The only access I am able to enforce is the Wed to Sun.I have proven to the court system over the course of 3 years that I have had the children in my care for 42% of the time measured by hours.Her lawyer has pushed the day measuremnet through the whole process leaving me with 38.98%acess.Is this still not sufficient for the courts to realize I want my children to reside with me.Atleast 1/2 the time.Is there no justice for men in the system.The office of the childrens lawyer was involved and her recommendations were for me to have the access I have now.But she totally iqnored the childrens wishes to spend more time with me.Please let me know if I am just wasting time and money.These Federal support Guidlines were never ment to be abused but mearly to help out the children finacially .

  • #2
    stephen givens,

    It appears the issue is what method to choose to calculate the hours to meet the 40% threshold to qualify for a reduction of tabled child support.

    As per the Federal Child Support Guidelines,

    Federal Child Support Guidelines
    AMOUNT OF CHILD SUPPORT

    9. Where a spouse exercises a right of access to, or has physical custody of, a child for not less than 40 per cent of the time over the course of a year, the amount of the child support order must be determined by taking into account

    (a) the amounts set out in the applicable tables for each of the spouses;

    (b) the increased costs of shared custody arrangements; and

    (c) the conditions, means, needs and other circumstances of each spouse and of any child for whom support is sought.

    The act in itself does not say how to calculate the 40% threshold so it would be wise to refer to jurisprudence to determine the strength of your stance.

    Comment


    • #3
      stephen,

      If the Office of the Children's Lawyer was involved, its going to be an uphill battle for you to have their recommendation reversed. Judges like third party assessments. How old are the children? After the age of 12 their wishes could could hold some weight with the judge.

      Comment

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