Author Topic: Parenting Time Formula in Motion to Modify  (Read 3922 times)

jc2011

  • Silver Member
  • **
  • Posts: 9
Parenting Time Formula in Motion to Modify
« on: March 17, 2013, 11:24:37 AM »
I am just wondering if there is the ability to adjust the "parenting time" formula when the only two options appear to assume that both parents actually utilize the parenting time.  The father in my case has 3x/week visitiation and is asking for a modification of child support, but hasn't seen, or asked or attempted to see the child for well over a year.  I am not complaining about this, but the fact is that my parenting time is essentially 100% with the only other options in the formula assuming there is shared time.... Wishful thinking perhaps?

Guru

  • Expert Member
  • *****
  • Posts: 366
Re: Parenting Time Formula in Motion to Modify
« Reply #1 on: March 17, 2013, 07:12:44 PM »
I think many judges rule on child support according to the actual parenting time being exercised, not what is ordered.  So if he is not exercising his parenting time, he will most likely not be awarded any parenting time adjustment.  Is his parenting time overnight?  If its not overnight, then many judges probably won't consider his parenting time anyway.

If you can prove that he has not exercised his ordered parenting time, I don't think you have much to worry about.  Most judges I've encountered usually rule in mom's favor with regard to child support anyway.

jc2011

  • Silver Member
  • **
  • Posts: 9
Re: Parenting Time Formula in Motion to Modify
« Reply #2 on: March 17, 2013, 11:45:19 PM »
Thank you, that's very good to know.  Does something exist to "increase" support if no parenting time is exercised?  Probably unlikely, but the modification (if reduced) will just make a hard situation at a nearly $13k arrearage already even harder anyway.

thanks a ton

Guru

  • Expert Member
  • *****
  • Posts: 366
Re: Parenting Time Formula in Motion to Modify
« Reply #3 on: March 18, 2013, 11:00:43 AM »
If there is a parenting time adjustment in place and a parent does not exercise their parenting time, yes that adjustment can be removed.  Or did you mean something more like a fine or a penalty for not exercising parenting time?