Can Child Support be Modified When a Parent Fails to Exercise Timesharing?
In specific circumstances, Florida courts can modify child support if a parent does not exercise time-sharing in a court-ordered parenting plan.
First, the basics: A parenting plan is a document that allocates time-sharing in a divorce or paternity case. The biggest variables in the child support calculation are parent incomes and the amount of timesharing allocated to each party.
Second, the problem: When parenting plans are negotiated, there is a financial motivation for a parent to seek substantial time-sharing that they might not be able to actually exercise. Sometimes the court approves final parenting plans that include timesharing that the other parent does not exercise.
Third, the solution: The law provides a fix in specific circumstances. A parent’s failure to regularly exercise court-ordered substantial time-sharing that is not caused by the other parent can result in modification. In these cases, child support is recalculated retroactive to the date the parent first stopped exercising the court-ordered timesharing. Child support will be recalculated using actual incomes during the retroactive time frame.
There are absolutely defenses to this law. Call 407-284-1620 to discuss your case involving modification of child support.
Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.