Modifying child support if the amount of time with kids has changed

Divorce Attorney Angela FoyQuestion:

My child support payments were calculated at me only having my kids with me for one day a week. But my ex-wife’s travel schedule means I have the kids for at least 50% of the days each month.

Can I go back to court and have my child support modified based on the new parenting schedule?

Answer:

Child support is always modifiable. The party requesting a modification must file a motion unless the other party is in agreement with the change. The motion must allege facts for the court to find that there has been a substantial change in circumstances since the last order was issued.

In your case, the change is the amount of time you have with your children. To protect you, and to maintain consistency for your children, you may want to change the custody and placement arrangement to reflect what is actually occurring.

Otherwise, your ex-wife can revert back to the old order at any time. I recognize though that opening both issues may cause more conflict than only resolving child support.

You should contact an attorney who is licensed in your state to further discuss the specifics of your situation. Cordell & Cordell does represent clients nationwide. Thank you for submitting your question.

 

Angela Foy is an Associate Attorney in the Milwaukee, Wisc., office of Cordell & Cordell where her primary practice is exclusively in the area of domestic relations. Ms. Foy is licensed to practice in the state of Wisconsin, the U.S. District Court, and the Eastern District of Wisconsin. 

 Ms. Foy received her Bachelor’s and Master’s Degrees from the University of Notre Dame. She then continued on to receive her Juris Doctor from Marquette University.

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