The noncustodial parent with no physical or legal custody has Tuesday overnights and every other weekend with split holidays during thanksgiving, Christmas and summer.If that parent is moving away and would like to give away a week night ,does he have to pay more?
If you have more than 128 overnights now and by moving away will have less than 128 overnights the party seeking additional child support would have to file a modification of custody/visitation and child support. If you already have less than 128 and the incomes of the parties haven't changed then modification would likely not be successful.
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It sounds like he has less than 128 overnights per year as you describe the schedule of custody. If your child support guideline is calculated as a "sole parent" guideline, to your benefit, then there would be no change in the child support based on the loss of overnights by the opposing party. Perhaps, however, it would be beneficial to modify child support if you have not done so in some time, if the noncustodial parent's income has increased, if your income has decreased, if there are other factors like payments for the direct benefit of the minor child which are no longer being paid by the noncustodial parent or increased daycare expenses as a result of the noncustodial parent's relocation, etc. If you child support is paid through the Office of Child Support Enforcement you may be entitled to a review. Consult with an attorney in your area to see if it is worth revisiting child support since you are curious about the possibility.
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