Question:
If I file a motion to modify child support to get support for our 15-year-old son, can my ex request more time with him to reduce the amount she pays?
Our parenting plan says she is supposed to have him every other weekend working towards a 50/50, but she hasn’t had him more than 30 days in the last 15 months. My son doesn’t want the status quo to change.
I filed a motion to modify child support and she threatened to take him half of the time so she wouldn’t be required to pay. Can the courts give her more parenting time so she doesn’t have to pay regardless of what our son wants?
Answer:
I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of Colorado and can only provide you with general information concerning parent time.
Yes! If you file a Motion to Modify child support, then the opposing party can absolutely ask the court to increase her parent time.
However, just because she can ask for it does not mean that she is going to get it. She will have to show the court that there is good reason for changing the current parent-time arrangement. Since you are supposed to be working toward a 50/50 parent-time schedule for your son, I presume there are guidelines associated with how that is to happen. The court will likely examine whether Mom has done the things ordered in the Decree in order to increase her parent time.
Your son is also 15 years old; most courts will consider his opinion and requests as well.
The court will not give Mom 50/50 parent time if her only reason is that she does not want to pay additional child support. They will look at what is in the best interests of the child.
Remember, I am unable to provide you with anything more than general parent time tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your and how they impact your circumstances.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Utah divorce lawyer Dena L. Morgan, contact Cordell & Cordell.
