Q: Can my ex receive more child support from the court if my girls don't want to commute 30 minutes to/from my house?
I have custody of my girls on Wednesday nights. (14 & 16yo). My girls do not like to get up earlier in the morning to make the 30 minute drive to school in the morning. I still see the girls on Wednesdays during the summer months. Is the court likely to grant her more child support in this instance because they don't want to get up earlier for school?
A: Thank you for posting your question, I would be happy to assist. I understand your concerns relating to child support and the possibility that it may increase. Technically, your ex can file a motion to increase child support in the event the children no longer spend the night with you. In New Jersey, a major factor in the determination of child support is not only each party’s income, but the number of overnights children spend with each parent as there is a direct correlation between overnights and expenses incurred by a parent on behalf of the children. In a matter like the one you mentioned, it also sounds like there may be issues as it relates to the current visitation schedule. As a result, it would be wise to contact an experienced family law attorney to get specific answers to your questions.
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