My ex and I went to court 2 months ago. He wanted shared parenting for our 3 yr old and child support was set that day. He made up the visitation schedule wanting her M/W/F each week for 4 hrs a day then every other weekend get her Friday-Sunday.
There was a total of 128 hours of time that he was supposed to have her.
Nothing has changed since then. He works the same job, same hours and I have not changed my situation either. What HAS changed is the amount of time he wants with her now. It's now down to 2 days a week for 4 hrs a day and only 2 overnights a month totaling 64 hours he is with her now.
If he says he wants to keep this schedule, should I ask to have a child support increase since I have her more now or would the amount not change?
Divorce / Separation Lawyer
The answer depends on what your current orders say regarding child support. The child support may or may not have been modified based on the time allocation. Please call an attorney in your area and seek a consultation. Take with you the shared parenting plan and any accompanying documents such as the child support worksheet. They will be able to look over the matter and advise you properly as well as possibly give guidance on how your local judge or magistrate handles such matters.
2 lawyers agree
Family Law Attorney
I agree with the other answer. Time with the child is only one factor in determining a deviation. If the court is awarding something other than guideline suppor there has to be findings of act regarding why there is a deviation either upward or downward. When parties agree to a deviation often their lawyer write the findings of fact themselves In an entry for the judge to sign.
This answer is provided for general purposes only. If you need legal assistance you should consult with an attorney. Responding to questions DOES NOT create an attorney-client relationship.