questions & answers

Question: I have joint legal and physical custody of my daughter (12). The access schedule we agreed to equals exactly 50/50 physical custody. Because of my work schedule (2:30-11:00pm M-F), my current wife and family members pick my daughter up from school and care for her in the evenings during the week. My question is, would a judge penalize me for not being the one physically with her during those times when figuring child support?

Answer:

It really depends.  If your ex-wife objects to this arrangement, and if during the days you have designated parenting time she is able to watch your daughter after school until the time you get off of work, she may be allowed to do so (i.e. instead of your daughter being in the care of your current wife, family).   Arizona has adopted "Parenting Time Guidelines." 

 According to the guidelines:

When one parent will be absent from the home for an extended period of time, the minor child(ren) should spend the period of absence with the other parent, assuming such plan is appropriate for the minor child(ren). This also assumes that geographic location of both parents, the minor child(ren)’s age(s) and outside activities and the parent's work schedules all accommodate the arrangement. (Emphasis added).

The period of absence which triggers the exchange will vary depending upon the circumstances of the parties. As the hostility level between the parents is reduced, the period triggering the exchange is reduced. This allows additional access between parent and minor child(ren) and has additional advantage of eliminating the expense for extended care providers. (Emphasis added).

Now, generally a 50/50 custody schedule does not have to be 50/50 to the exact day in order for it to be considered equal time by the court.  However, if your ex-wife were to object to the arrangement and is permitted to watch your daughter during those times when you are at work, and this new arrangement significantly changes the parenting time allocation between you, it is possible for child support to be modified.  Again, your ex-wife would have to raise this issue with the court.  Generally, child support will not be modified unless there is a substantial and continuing change in circumstances that effects the child support calculations by at least 15% (plus or minus).