Tony and Mara never married. However, they lived together for a while and had a son in 2007. When they separated, their son, Alix, went to live with Mara. Tony was very successful, financially. By the time they separated he had a net worth in excess of 20 million dollars. Mara was unemployed and would stay that way long after the separation.
When they first separated Tony voluntarily paid child support to Mara of $5,000 per month. He traveled a lot on business but spent as much time as he could with Alix. Then one day he received a call from Alix’s school informing him that Mara was not getting Alix to school on time and the school was becoming concerned.
As a result, Tony agreed to pick Alix up at mom’s house each morning and get him to school on time. He continued to pay the child support but in April 2009 Mara decided to file for sole legal custody and child support. Tony cross-filed for primary custody during the school year.
After a 10-day trial in family court, Tony was awarded primary custody during the school year and Mara was granted parenting time on alternate weekends and Thursday nights during the school year. This schedule reversed during the summer.
The court then turned to the issue of child support. While the trial court awarded Mara support, on appeal the court reversed that decision and held that, since Tony had Alix in his care 204 overnights each year, while Mara had him 161 nights, Tony was the “custodial” parent for child support purposes and Mara was not entitled to any support.
The end result is you have a child who spends 23 weeks a year with his mother living in virtual poverty while enjoying a lavish lifestyle living with his father the other 29 weeks! Whoever said the law was fair.
As I often tell my clients, the law creates rules for those who can’t reach their own agreement but that doesn’t mean the result is fair. If you want fair, stay out of court and create your own agreement. I bet Mara wishes she had done so.
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