Terminating Child Support If Parenting Time Schedule Switches

divorce lawyer Alex DurstQuestion:

Since I was ordered to pay child support my child has lived with me the majority of the time even though our parenting time schedule orders a 50/50 split.

Is there a way to dissolve the child support order if the parenting time schedule is drastically different from what was court ordered?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Ohio child support laws where I am licensed to practice.

In general, in order to convince a court to modify (i.e. increase or decrease) or terminate an order of child support after a divorce has been finalized, the person who is requesting the modification or termination must show that there has been a “change in circumstances.”

The court must do child support calculations based on the guidelines worksheet, using information such as the income of the parties and generating an amount from the information given.

Where I practice, there is a 10% difference or more between what the person paying child support was previously required to pay, and the amount calculated by the guideline worksheet, then the court must find that there has been a “change of circumstances” and change the amount of child support.

Alternatively, if the court finds that there has been a different substantial change of circumstances, the court can modify or terminate the order of child support, though this is much less common.

Child Support Calculators:

How Much Should You Be Paying?

Based on the facts that you provided, it appears that you would have a strong argument for asking a judge to terminate or at least decrease the child support order. Because the child only stays with his mother rarely, if ever, an argument can be made that she is no longer the residential parent, which would affect the child support calculations resulting from the guidelines worksheet.

Of course, you would have to prove to the court’s satisfaction that your son does not stay with his mother (through testimony, etc.). If your son resides with you the majority of the time and virtually never with her, your ex-wife may even have to start paying you child support.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Ohio Divorce Lawyer Alexander J. Durst, contact Cordell & Cordell.

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