Custody/Support- Documented Time Precedent

[Roman]

I have a court order of 23% custody of my 5 1/2 son; for the last 4 1/2 years I have documented on a calender every date and the times in which I have had him. It is equivilent to 14-16 days per month; all over nights. He attends school in my city, with my address. I have been paying support based on the courts order of 23% since he was 6 months old. I owe no back monies to his mother. She makes 1/3 the income I do.

I have avoided court for the benefit of keeping my relationship with his mother on good terms in order to see him more. I want to seek 50% custody; I am tired of handing her shopping money every month. We were married for 2 years. We have had no other court appearances since our nasty divorce ended in 2002.

Questions:
Should I seek 100% to get 50%?
Does documenting every time I have my son for the last 4 1/2 years set a precedent that the court will see as a reason to grant 50%?
If I receive 50% do I pay her anything (I have heard 50% means no one pays the other)?

Humbley awaiting advice.

 

[Duranie]

In most sates if you have 50% custody, you still pay child support if you make more than her. So it really depends on what your incomes are.

Secondly, you really cannot just file for child support unless you have a very good reason. The courts will not change custody unless absolutely necessary. If you take the stance you want more visitation and or custody just to avoid paying child support that will not look good. You probably have a better chance of getting 50% custody if you can prove its in the childs best interest.

 

[Roman]

In most sates if you have 50% custody, you still pay child support if you make more than her. So it really depends on what your incomes are.

Secondly, you really cannot just file for child support unless you have a very good reason. The courts will not change custody unless absolutely necessary. If you take the stance you want more visitation and or custody just to avoid paying child support that will not look good. You probably have a better chance of getting 50% custody if you can prove its in the childs best interest.

Thank you for your input.
Anyone else?

 

[gearhart7]

My husband pays support in Indiana. They allow for a parenting time credit. We have his daughter (17), at least, 100 overnights a year. They give him around $30-40 a week off whatever support was set at. So if it was set at 110 a week then it goes down 40. We pay her mother 70 a week for support.

Check and see if your state allows for parenting time credit. Our situation isn't quite like yours but I would check into this.

Good Luck,
gearhart7