Legal Question in Family Law in Massachusetts
Re: Material change
Let's see....If I have her 50% of the time (which would constitute a material change) that would be on average 3.5 days/week. (This would come about either by having her every other week, of a 4 day-3 day alternating week.)
But, I have her 3 days/week. (12 days/28 day month). This wouldn't be be good enough for a CS modification?
In the Separation Agreement I was to have her on average 1.5 days/week (1 overnight per week plus everyother weekend is exactly 1.5 days/week).
1 Answer from Attorneys
Re: Re: Material change
If you have the child 3 out of 7 nights a week (72 hours), you have a good argument for saying that you have shared physical custody, and may be due some reconsideration of child support.
Please read my prior answer carefully, as well as your question. I noted the different possibilities based on an attempt at understanding your percentage-based statements.
Keep it simple, and please be aware that the advice you get for free is only as good as the facts you give freely.
Please feel free to contact me off-list if you have any additional questions, or wish to arrange a formal consultation in which the facts can be better developed.
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