50/50 ignored
HCBM does it again.
We went back for a child support adjustment, and from the beginning she was denying the actual custody schedule.
At the first mediation, she told the mediator they were not doing 50/50 and claimed my SO only had every other weekend (the old schedule). Court gets pushed out (I don't remember why).
Then we go to custody court on 5/18 and get the schedule put on paper. The schedule is clearly 50/50.
Fast forward to support mediation last week. She again tells the mediator it’s not 50/50 and conveniently leaves out an overnight. Dad explains the actual schedule. The mediator says he needs to call Mom back to verify because her version doesn’t match. He never calls my SO back.
Fast forward to court today. She still denies the 50/50 and again uses the version of the schedule that leaves out an overnight. SO points out that he has TalkingParents messages showing the actual schedule and that they’ve been following it since January.
Of course, the judge couldn’t find the custody orders or minutes because the court is backed up and nothing had been uploaded yet.
Result? The court used a 45/55 timeshare and set support at $1,300.
The judge was moving through a packed calendar and didn’t really let my SO explain or clarify the schedule. It felt like there was no opportunity to fully address the discrepancy.
To make matters worse, Mom’s LLC, business advertising, pricing/menu, etc. were basically dismissed. She’s had the business for over a year and claimed she essentially donates her services.
The tax issue wasn’t addressed either. She claims the kids every year, but the judge said they ran out of time.
My question is: once the filed custody orders are available, is it worth going back and asking the court to correct the timeshare to a true 50/50? From a child support standpoint, taxes, and everything else, how much difference does proving that extra overnight actually make?
I’m just frustrated. Has anyone successfully gone back and corrected something like this after the court didn’t have the custody orders available?