I will soon have four nights per week with my daughter, and her mom will have three nights per week. Our custody order is being updated to reflect this new schedule. Hopefully I’m not putting the cart before the horse, as I don’t have the final order yet.

I will have our daughter from Wednesday night through Saturday night, and mom will have daughter from Sunday night through Tuesday night. Mom will also get one Saturday night per month, if she wishes to take it, starting at 9 PM.

Holidays are split evenly by even and odd years.

The first week after school season ends, we go to a 50/50 schedule (every four days) for the summer until school resumes in the fall, then we resume the 4-3 schedule outlined above.

Prior to this recent change, our order was written as a true 50/50 split. That’s also what the child support calculations used.

Once the new order goes into effect, my attorney suggested that I terminate child support payments due to me having four nights a week and mom having three nights a week.

I know I shouldn’t doubt legal advice, but does anybody have any experience in a similar situation, such as 50/50 summer and 60/40 for school season? It’s technically 54/46 with mom getting one Sat night per month. Is this really enough to establish Primary Custody and eliminate support payments?

Also, I have some concern that once mom realizes the impact to CS payments, there will be more litigation by her to attempt to return the order to a true 50/50. Especially with her alimony running out next year. If this is the case, I think I’d rather leave the CS payments as is until Mom tries to petition for more money one day, which is likely inevitable.

Any other insights or comments are welcomed as well.

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The reason the order is changing is because mom is not utilizing her education, nor her two degrees that I helped her obtain during the marriage (while I simultaneously acted as the primary caregiver and was our only income). She refuses to change her job, which is likely under the table and unreported pay, so she can reap additional benefits. Her current job can be upgraded without any effort, yet she would rather work evenings and nights on Wednesday, Thursday, Friday and Saturday, hence they are finally going to me officially.

For those who are interested,my story is no different than the others who post on here. Mom abandoned ship for another man (it didn’t last) after graduating, and tried to ruin me in the process for attempting to save our marriage. False claims, withholding, alienation, disparaging, squeezing every penny she could out of the divorce, and the whole 9 yards. It was horrible. If I can go back in time, I would kick my own ass for for acting like a pathetic loser when it was going down.