Question:
My ex wife and myself were divorced 4 years ago, at the time we deviated from the CSSA and no child support was ordered. Visitation breaks down to 49%me and 51%ex wife. We make approximately the same amount of money. Circumstances has changed ,he was two at the time of the current order now six and in school, ex wife has a new job with different hours (she used to work nights) the current schedules conflict with the pick up and drop off times in the order. I am petitioning the court for a modification of the schedule, I was told if I do that she would ask for child support so I am trying to figure out the worst case scenario so I can be better prepared.
Download Our Free Divorce Guide
Answer:
The outcome may well depend on how your prior agreement was drafted – as to both the reason for the deviation and as to support modifications. If your agreement provides for a waiver of child support from each of you based on a near equal schedule, but does not dictate an absolutely equal schedule, then a change in the schedule that works with current school and work schedules should be possible to achieve while keeping your relative percentages of parenting time – or close to those percentages. If that does happen, there would be no change in circumstances requiring any change in support. But, that will depend on how your agreement was drafted as to changes in circumstances for support. Was it drafted to require a substantial change in circumstances, a mere change in circumstances, the mere passage of time….relevant and different potential outcomes. I would highly recommend that you consult with a local attorney who can review all of your documents and provide in depth guidance on these issues.
Are you going through a divorce and wish to know how much money will need to be paid in support? Let one of our child support lawyers guide you through the matter.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Child Support Lawyer in Clifton Park. This does not consent an attorney client
