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Can you accidentally waive your overnight visits?

Vero Beach, FL |

Hello. My ex and I jointly modified our time sharing plan but did not fill in the section about how many overnights we each get.

However, under the section that indicates the weekday/weekend schedule, We did put which nights of the week will be spent with our daughter.

So here's my question:

In about a month well also have to go back and modify child support since our oldest will be 18.

Since we didn't fill in how many overnights we each get on the time sharing modification, will it be too late for me to receive credit for my overnight visits when we go back to modify child support? Or can we just indicate it then?

Like I said, we did put a detailed schedule that shows which nights we get our daughter. We just didn't tally all of them up.


The time sharing plan that we modified has to do with our youngest daughter. But since our oldest will be 18, support will recalculate for our youngest . Because we didn't tally all of the overnights we each get, did I waive my right to receive credit for my overnight visits?

Attorney Answers 1


Have you both been following the weekday/weekend schedule that was noted in the time share plan modification? Was the child support calculations based on the correct schedule? Is your ex going to testify truthfully about what the timeshare agreement is if asked by the Judge? If the answer is yes to all questions then it sounds like you have nothing to worry about at the upcoming hearing. If you understandably want to make sure the order reflects all necessary information and reflects the actual agreeement, then it's not too late to change the order. Since you are more than likely going to see the same Judge and I am assuming you used a boilerplate docment with blanks in it because you said you did not 'fill in the section,' you may be able to get the Judge to fill it in if both you and your ex acknowledge the ommission at the next hearing. However, the proper way to go about would be a petition to modify or if your case is currently open a motion to modify the order to correct the ommission.

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Well, the new schedule hasn't gone into effect yet. But it should be in effect before we go back to modify child support. I have no reason to think my ex will be dishonest. I think shell be fine. I was mainly worried about waiving my right to receive credit due to a technicality. Did I waive my rights to receive credit for the overnights just because we didn't fill it in just yet? Will it be alright to just indicate the amount of overnights later on, when we fill the child support modification form instead?

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