Our parenting time schedules and our incomes have not changed since the time our divorce decree was entered.
At the time of the divorce, even though we had an even amount of parenting time, I was ordered to pay child support because my income was higher.
Is there a way to modify child support if it was only ordered because I make more money even though we have the children for the same amount of time?
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.
Child support can be modified if there is a change in either parties’ financial situation, a change in the financial needs of the child, or a custody modification.
Where I practice, child support is strictly based upon application of the state’s child support guidelines. The child support guidelines are designed to have the total child support obligation divided between the parties on a pro rata basis by requiring a series of calculations to determine a presumptive amount of child support.
The guidelines also provide for a number of deviations for which the court may, in its discretion, deviate (upward or downward) based upon the parties’ economic circumstances and the best interests of the child.
Child Support Calculators:
In joint physical custody cases, typically the parent whose gross monthly income is greater will pay some support to the other; however, that amount may be reduced from the presumptive child support figure if the judge grants a parenting time deviation.
Unfortunately, there is no formula for determining the amount of the parenting time deviation. Due to that fact and the “gray area” in this law, some judges are reluctant to grant any such deviation.
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.