I have been divorced since 2001. My son is now 13. Our divorce in regards to custody and support reads as "both parties are granted joint shared custody and joint physical custody, neither party will act as primary custodian. the child will spend equal amounts of time with each parent as lined out in the schedule a. since both parties share the child equal time and both have similar incomes neither party is awarded any child support, unless circumstances of either party change significantly"
My ex wife has went to the State of Illinois claiming she was a custodial parent who was due child support she wasn't receiving. They filed a motion to intervene which as of today it has not been decided on since neither attorney (mine or hers from the State) had case law to support he argument. Technically I am also the custodial parent.
I have diligently kept track of nights my son has stayed with me for the last 5 years as well as all insurance I have payed as well as out of pocket expenses that she has not paid half of. Although our papers are drawn up with equal time I have documentation that he spends over on average since 2005 near 58% of his time with me.
Since 2001 my income has increased and her income has decreased and she is using that as cause for support.
I have read where typically whoever is the residential parent has the right to custody. Since neither one of us is listed as the residential or primary parent on the papers currently I assume I need to make a case that I am the residential parent.
My question is....his address for school is listed as my address as his all of his doctors list my address on his records. Does that information establish residential status? Also my attorney doesn't seem to hold much thought to this and I was wondering if there is actual case law to back this up?