I have to move do to my job. We had joint custody. Now I asked to have her every other weekend holidays etc. He makes

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

I am sorry to hear of this difficult situation.

Do you have a partner you live with?

Do you support other children?

Did you take on a lot of the family debt?

So where does the 19 year old and is he going to school full-time in September>

And you are saying the 15 year old lives with the dad, correct?

So will he live with the dad when not at school?

And he will live at school during the school year?

I don't see any clear grounds for a court saying that you can pay less than the table amount.

The table amount is based on your income and it's very low for that reason. The drafters of the guidelines took into account what your income is and you have the child even less than was generally contemplated in the sense that more traditional custodial arrangement is every other weekend and then one night a week.

You would have to apply for an order allowing you to pay less based on undue hardship and when that happens the courts look at both of your standards of living so unless he has a spouse that has a a high income I don't see you succeeding. His income is not that high and he has the child 86% of the time if you have the child for 2 out of 14 nights.

Do you see what i mean?

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Really, I think you should pay what the guidelines say. As I've explained I doubt you will be able to pay less unless the father has a spouse that has high income.

That is not going to be high income.

Do they also have kids?

How many?

I don't see that you will succeed on a claim for undue hardship. I am could be wrong but you have my honest answer.

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