Since my ex-wife and I live far away from each other, in order to exercise my court-ordered visitation I have to pay the cost to fly my children to see me. Obviously, this gets very expensive.
Can I modify child support based on those extra expenses I have to incur?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia child support laws where I am licensed to practice.
In most states, a child support order is subject to a review and modification every 36 months. If your divorce decree is more than three years old, it will be reviewed by the child support agency. In the event the child support agency finds a change of circumstances, it will file with the court a modification action.
Child support where I practice, and in most jurisdictions, is governed by the child support guidelines and is income driven. The courts use the child support worksheet to determine child support. The child support worksheet provides a series of calculations to determine the presumptive amount of child support.
Such calculations usually take into account both parent’s gross monthly income; whether either parents pays child support for other children, under a pre-existing child support order; whether the parties have other qualified children not at issue in that case; which parent pays health insurance for the children; whether there are any work-related child care costs.
Once the presumptive amount of child support is determined, there are several factors which the judge can take into consideration in deviating from the presumptive amount.
Such factors include, but are not limed to, visitation related travel expenses, extraordinary medical or education expenses, and special expenses to include extracurricular activities and summer camps.
For example, if a father pays for his children to fly to see him during his court-ordered visitation, the court may reduce his monthly child support obligation based upon this figure, as long as the court finds that it is in the best interests of the children.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.