What happens when child support was ordered based on 50/50 custody but one parent doesn’t exercise his time for a few months?
The same evening, he sent me an email on Talking Parents that he can’t have physical custody of the kids and he needs to travel overseas for a few months.
We have 3 kids, 2 of which have severe autism. The physical and financial toll of taking care full time of them, while working 35h per week, is breaking me. What can I do? We’ve been going to court for more than five years until we had this final judgement, I can’t bare the thought of going to court again.
4 attorney answers
The attorneys above are correct, your best option is to go to DCSS and have them obtain a modified support order. You should also discuss add-on support for childcare while you work and any other special needs costs, whether educational, behavioral counseling, your children may need because of their diagnosis.
DCSS is a great option. They do the work for you for $25 per year. They don’t go by the court order if he isn’t following it- they go by actual time. Not only should you receive an increase in support, they will issue the wage assignment, collect the money and send you a check. Hopefully he is a W-2 employee. You should also look into the cost of child care to care for the children while you work, if that is needed, and request he pay 1/2 the cost (although I suspect you may already receive that help). Good luck!
I agree that you should go to Department of Child Support services and ask for a modification of your support to guideline, based on the actual custodial time share. Good luck!
This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.
Nothing happens without either an agreement or a court order. If your ex-husband is not exercising any parenting time, you should go the DCSS in your area and have them ask to modify your child support based on the fact that he is no longer exercising any parenting time.
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