Me and my Ex already have and existing custody and visitation order. With the order now she has her 60% and i have her 40% of the time and child support is $111.She wants me to have less time with our daughter. My question is if she can modify the existing order without any proof. She says I don't pick up my daughter at the times I have to and that I don't spend time with her but I do. Also when the court orders were made she was living with her parents and now she's living with mine (I don't live with them). Can she ask for more child support if she is getting support from my parents? I still have the same job and I also pay for insurance.
2 Answers from Attorneys
She will have to show a change of circumstances that make the "best interests of the minor child" different from when the existing order was entered. Child support is not based on who you live with. It is based on incomes and custodial times.
In addition, if the court actually modifies visitation then yes you could potentially be paying more in child support. One of the factors in determining guideline child support is the timeshare that each parent has with the minor child.
If your parents are supporting her then you could argue that the court should impute her an income based on the monthly monies that she is recieving from your parents.
If you need further assistance you could visit our website at www.uplandlawgroup.com