Child Support Modification Reflects Changes in Parenting Time

mens divorce lawyerQuestion:

How do child support laws apply if the non-custodial parent becomes the custodial parent?

My ex-wife has primary child custody of my daughter, I pay them child support, and they live in Michigan. My daughter wants to move to live with me in Florida to finish high school.

If we work out these child custody agreements and I become the custodial parent, would my ex have to pay me child support? How would we get a modification of child support to reflect the new parenting time situation?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though.

If you were divorced in Florida and your former wife then moved to Michigan with your daughter, Florida would still have jurisdiction to modify your final judgment. This means that you could file a supplemental petition to modify parenting time and child support to reflect your new living arrangements.

However, if you were divorced in another state, the analysis becomes tricky because of the Uniform Child Custody Jurisdiction and Enforcement Act and the Uniform Interstate Family Support Act.

The idea is that child custody and child support orders should not be conflicting. If an issuing state continues to have continuing exclusive jurisdiction, then a Florida court may not be able to modify the child support award under its own laws, but it may be able to apply the laws of the issuing state to modify the same.

Obviously, it is a complicated analysis and you should consult with an attorney before you relocate your daughter.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Melissa Knight, an associate attorney in the Tampa, Florida, office, contact Cordell & Cordell.

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One comment on “Child Support Modification Reflects Changes in Parenting Time

    If there are 3 children and mother has placement but father has them on over night stay one day a week and has them every other weekend and 1 of 3 wants to live with his father and the other 2 want 50/50 will father have that right??

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