Can My Ex Claim More Overnights For Child Support If She Is Not There During Overnights?

divorce lawyer Daniel ExnerQuestion:

My ex-wife and I share equal parenting time in our divorce agreement, though my child rarely lives with me.

Instead, our daughter essentially lives on her own in my ex-wife’s apartment while my ex is gone for months at a time for work.

Now she is saying that her parenting time overnights have increased since my daughter never comes to my house anymore and that I owe her more child support even though she barely sees our daughter either.

Can my ex claim overnights when she is living out of state without our child?


Since I am only licensed to practice law in Wisconsin, I can only provide you with general divorce help for men to your divorce laws question.

I do not recognize the legal justification to your ex-wife’s contention that more child support is owed. If you were awarded equal placement, and your ex-wife is actually exercising most of the overnights with your daughter, than her argument may hold water.

If your daughter is simply spending the days when she is supposed to be with your ex-wife or you by herself in your ex-wife’s condo, your ex-wife is not actually exercising any placement. For placement to occur, parties must actually be together.

The absence of placement with one parent does not create de facto placement with the other, even if the child stays at the other parent’s home.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Milwaukee Divorce Lawyer Daniel Exner, please contact Cordell & Cordell.

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