Q: If parenting time is fully eliminated (court ordered suspension) can child support be increased?
NCP stopped exercising parenting time, even after schedule enforcement was attempted. As a result, the court suspended ALL parenting time and granted sole custody to mother (was joint prior). NCP went from 2 days/week (one weekly o/n) and one full weekend/month to NO parenting time at all. Has not seen or attempted to speak to (10 yr old) child in 6 months. Can a support increase be made?
A: The simple answer is yes. The non custodial parent receives a credit, albeit small, for his regular overnight parenting time expenses. If there are no overnights then a modification application would be made seeking to remove the overnight credit which will increase the support payment. There may be other changed circumstances and factors which may serve to increase support. To be sure you should consult with an experienced family law attorney.
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A: Child support and visitation usually have no relationship. You need to consult with an experienced matrimonial attorney and have a comprehensive review of your situation in a manner that is not possible online. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
A:
Thank you for your question.
The short answer is possibly. The standard used to determine whether a modification of child support is warranted is whether there has been a substantial change in circumstances. The fact that the non-custodial parent is not exercising parenting time may be a reason to recalculate child support, especially if the non-custodial was given any credits for overnight visitation. I suggest that you meet with an experienced family law attorney who can assess your situation and provide strategy to achieve your goals.
I hope this information was helpful to you.
1 user found this answer helpful
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