Q: My ex wants to take me back to court to reduce his child support by asking do 50/50. I have been primary parent for
Since our divorce 4 years ago. I take him to all extra curricular activities & doctor appointment. He has only taken him to 1 and I had to beg him to do that. I’m a realtor and he thinks I’m making millions of dollars. (I wish) our daughter aged out this year. I’m going to have to pay for college because he won’t help. He got mad when he found out his child support was only $100 less with only one child. Will they consider that I have college to pay for when they modify child support? Will he be able to change our parenting plan to get 50/50? I’ve only been in real estate for 3 years. My son will be 16 in a few months. Also the ex lives about 50 min from my sons school.
A: Modification of a parenting plan requires a showing in court of a "material change of circumstances"- which is heavily fact dependent, or in other words, on a case by case basis., each case to be examined on its own. Unfortunately, college expense for the other child is of no importance- no parent can be required to support a child past their 18th birthday, If there have been no problems with the existing arrangement ( arguments about holidays or pick up times, etc) then, some judge will go by the saying- If it's not broke, then it don't need fixing" or in other words, why modify the plan if it has worked fine thus far. In my experience, the most compelling proof in this type case is the preference or wishes of the child. It's never good to make a child testify, but if your son doesn't want to change the plan, it seems unlikely a judge would do so. Beware the other parent trying to influence the boy. if your ex files a petition, consult an experience family lawyer asap.
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