Q: My MSA defines my child support pmt based on 120 nights/yr. My overnights are now >170. Can I have the MSA changed?
Case was finalized in June of 2013. Shortly after that, my ex wife suggested that I take the child one more night per week (52 additional nights per year). I understand that anything over 141 nights- or something close to that- is considered true joint participation and I may not be obliged to pay her child support since I contribute financially to the child's life, nearly daily. I have had the child for 178 nights per year for the past 3-4 years, so the situation is, in my opinion, normalized and long standing. My question is whether the MSA can be altered, due to the change in my parenting time, and whether the law allowing this exception is new since 2013 and if so, does it preclude any change in financial arrangement due to my additional parenting time.
A: Yes, you could ask to have your child support modified. The child support law now is based upon your income vs. her income. Therefore, even if you have equal or close to equal time, you may still have to pay support based upon any substantial difference in income. Also, I am sure both of your incomes have changed since 2013.
A: You can file a two count petition with the court. In Count I, you would ask the court to modify the judgment to conform to the reality of your present parenting time schedule. In Count II, you would allege a substantial change of circumstance, and ask that the child support obligation be modified to reflect that you are with the child in excess of 146 overnights per year. You qualify to have the new income shares law applied to your case, but this does not mean, in and of itself, that you won't pay child support (as was common under the old law). It just means that you will probably pay less than you are now.
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