Q: The custodial parent makes substantially less than the NCP, would the courts grant a custody modification to the NCP?
The support order was placed before the NCP got out of the military and the CP was granted custody due to the NCP being on active duty. The NCP would like to be the CP or have the CP move closer so that the children could have both parents in their lives as well as extensive family and better opportunites. The NCP owns his home and the CP is renting an apartment and is able to move closer, yet refuses. Custody modification was started when the eldest two children were sexually molested by the CP's fiance. Would the courts take into consideration the change in circumstances (ie: NCP no longer in the military, owns his own home, has better opportunites available for the children and makes at least 60k more than the CP a year) or would they just order an unreasonable (over one paycheck a month for support) to the CP that works as a receptionist but holds a BA?
A: The court uses the factors outlined in Florida Statutes 61.13(3) in making this sort of decision. Consult with a local attorney or call for a free consultation.
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