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Asker
Posted over 1 year ago.

Thanks for the inputs. I see this as a compliance question to the prior order if the other party is not cooperative to revise base on income and actual time share. I wonder what is your inputs and strategy around revising the original timeshare of 50/50 arrangement? how often will the court willing to change it? what is the ROI for doing it? what will prevent the parties from both going back to courts and asking for time share revision let's say after a certain period along the road?

John Noah Kitta
John Noah Kitta, Divorce / Separation Lawyer - Fremont, CA
Posted over 1 year ago.

In all probability, if any lengthy periods of time went by with your ex not complying with the Order, then actually putting in place a new and different timeshare it would seem only logical and the Court could verify that as reality and modify the parenting plan in accordance with what has really been happening. Assuming both parties' incomes haven't changed to a significant degree, and you have increased time with child, this could also result in an increase of child support; the appropriate information would have to be calculated into the Dissomaster by the Court to be determined. Otherwise, there are no guarantees.

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Asker
Posted over 1 year ago.

We went through the court motion before regarding custody timeshare. The court still decided 50/50 with make up right for the other parent of 1 week = 2 make up days for each business trip. Since 1 year of record of pass with all the travels the actual time share with make up is 40/60 from actual performance perspective. I don't think the court would consider revise the time share but may address the child support revision base on the most recent dissometer. I would like to check your thoughts what is the best method to enforce compliance to previous order.

John Noah Kitta
John Noah Kitta, Divorce / Separation Lawyer - Fremont, CA
Posted over 1 year ago.

Hopefully, you have some memorization of how much time your ex actually spends with the children, if it truly, truly is a 40/60 then the child support should be calculated 40/60 basis which should result in an increase if your incomes have not changed significantly. The court will not force your ex to spend more physical time with the children, so that is only an illusionary goal. It is really just a luck of the draw in regard to the Judges, some Judge's kind of take it as a no-harm, no foul and probably make an adjustment in the child support level and not deal with a 50/50 or 40/60; on the other hand, if you get a Judge who likes to really delve in reality, then he may acknowledge and make a new Order in regard to the present 40/60 timeshare. This is really the only advise I can give you in regard to your inquiry, I hope it has been helpful.