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Does this qualify for "change of circumstances"

michela96's picture

Submitted by michela96 on Tue, 01/23/2018 - 8:53am

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General Discussion

If the non-residential parent who at one time had 50/40 visitation no longer has visitation with the child is that a reason for a increase in child support for the residential parent? Does this fall under "change of circumstances" since the residential parent has the child 100 percent of the time?

ProbablyAlreadyInsane's picture

Submitted by ProbablyAlready... on Tue, 01/23/2018 - 9:24am

Might depend on the situation (courts are weird...) but Imma say since the NCP doesn't have them as much and doesn't have their household expenses... Yes.

twoviewpoints's picture

Submitted by twoviewpoints on Tue, 01/23/2018 - 10:23am

You need to view your specific state's laws/guidelines as to how CS is calculated. Up until very recently in my state, no, it would not have been as my state did not run on calculations using overnights. It was pure income of NCP. Income of CP did not even factor in. It didn't matter if NCP never saw the child or saw the kid 49% of the time.

After you check specifics for your state, if you find that, yes, the parent now not seeing the child should be paying additional CS pure current situation, you want the change in custody court filed and the CS adjusted.

Thumper's picture

Submitted by Thumper on Tue, 01/23/2018 - 11:45am

nope

Thumper's picture

Submitted by Thumper on Tue, 01/23/2018 - 11:48am

Better have your ducks in a row because unless ncp flew the coop CP is going to have a lot of explaining to do about why she doesn't make sure kids go to ncp.

twoviewpoints's picture

Submitted by twoviewpoints on Tue, 01/23/2018 - 12:10pm

The way the OP has stated her question "If the non-residential parent who at one time had 50/40 visitation no longer has visitation with the child", she has given no indication as to why.

Last the OP wrote here her DH and the BM were in a huge battle and heading for trial with the BM calling in forensic psychologist, the child's past psychologist and the school. That was August 2017 and OP's DH's lawyer was expecting this to last 10 to 12months.

I'm hoping Op will come back and update as to what happened and the why no current visitation.

Willow2010's picture

Submitted by Willow2010 on Tue, 01/23/2018 - 11:50am

I am not sure why someone said no…but it absolutely does fall under change of circumstances.