My husband has his daughter over 40% of the time and has been doing so for 11 months. She is calculating the actual physical hours spent with his daugteher, not realizing that even after his dropping her off at daycare, he is still responsible for her until she is picked up by the mom. If that correct??
He has brought the percentage to the mother attention, and of course she is looking to now elimiate a day, saying that the additional day was not part of the original agreement. He has all the emails including her offering this additional day (that would put him over the 40% mark) and its been that way for 11 months. He also has an email whereby he asks if she "would like him to take EVERY Thursday" going foward to which she said yes and acknowledged that his dauther enjoys the extra time. She had made the suggestion of him taking on more time as the daughter was experiencing separation anxiety and "needed more time with her father". She is now claiming that this additional day was meant as "irregular" and temporary. Is 11 months temporary???
Well, now she is saying she is going to have to eliminate his extra day...this only after her being advised of a possible off set amount for CS which would have him paying 11 dollars instead of 741 a month. She is starting JK in September.
My question is can she unilaterally eliminate an agreed to day that was not part of the original sep. agreement but has been status quo for almost a year and agreed to by both parties verbally and via email? Are her emails to him agreeing to this arrangement not enough to confirm an agreement that supercedes the sep. agrmt?
He is not agreeing to the decrease in access, but wonders how to go about reinforcing the status quo - possibly without going to court.
I need to make mention that they had also agreed to his keeping her on a Sunday nights and dropping her off at daycare on Monday mornings 8 months after the agreement was signed. This arrangement was made by email and was not part of the original sep. agreement. However, she is willing to keep that as part of the schedule....
I'm sure that she would never have extended this extra day knowing the percentage rule. She earns the same as he does and would mean a drop in CS and tax free $. Any suggestions?
He has brought the percentage to the mother attention, and of course she is looking to now elimiate a day, saying that the additional day was not part of the original agreement. He has all the emails including her offering this additional day (that would put him over the 40% mark) and its been that way for 11 months. He also has an email whereby he asks if she "would like him to take EVERY Thursday" going foward to which she said yes and acknowledged that his dauther enjoys the extra time. She had made the suggestion of him taking on more time as the daughter was experiencing separation anxiety and "needed more time with her father". She is now claiming that this additional day was meant as "irregular" and temporary. Is 11 months temporary???
Well, now she is saying she is going to have to eliminate his extra day...this only after her being advised of a possible off set amount for CS which would have him paying 11 dollars instead of 741 a month. She is starting JK in September.
My question is can she unilaterally eliminate an agreed to day that was not part of the original sep. agreement but has been status quo for almost a year and agreed to by both parties verbally and via email? Are her emails to him agreeing to this arrangement not enough to confirm an agreement that supercedes the sep. agrmt?
He is not agreeing to the decrease in access, but wonders how to go about reinforcing the status quo - possibly without going to court.
I need to make mention that they had also agreed to his keeping her on a Sunday nights and dropping her off at daycare on Monday mornings 8 months after the agreement was signed. This arrangement was made by email and was not part of the original sep. agreement. However, she is willing to keep that as part of the schedule....
I'm sure that she would never have extended this extra day knowing the percentage rule. She earns the same as he does and would mean a drop in CS and tax free $. Any suggestions?
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