Looking for specific statute and case law on child support modification
3 attorney answers
Unfortunately, there is no case that’s going to tell you about your situation. Every case depends upon whether something is changed since the last order. Whether overnights are being exercised or not will not be a change that will change a whole lot of the support.
Child support is contingent on the amount of overnights being exercised. If your child support calculation gave you credit for a specific number of overnights and they are no longer being exercised, then a judge could find that to be a substantial change in circumstances warranting a recalculation of child support, to be based upon the actual amount of overnights being exercised. If your ex is talking about this, you are best served by retaining legal counsel to be either ready to oppose the motion she files, or file one of your own to enforce the parenting time schedule (although that may prove difficult with a child of that age).
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
You will not find the answer to your question in any statute or in any one case. There are multiple cases that discuss this. Basically, your wife would need to show a substantial change of circumstance and that is very fact sensitive. And is different depending on the view of any particular judge. You should immediately consult with an attorney.
Was this answer helpful to you? If so, please click "helpful". However, keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. I offer a free one hour consultation to any potential client who has a matter in my practice areas and geographic region. Good luck! Rob Gleaner