questions & answers

Question: My kids are not liking the current visitation - 5/2/2/5. If I change to only seeing the kids on the weekends, the extra child support may be too much. My Ex said she is ok with asking me to pay $461/mo (up from 211/mo), which I can handle, but it looks like the law says that just because my Ex and I agreed on this does not mean the Judge can or will approve - it looks like he needs a compelling reason why the "guidelines" should not be followed. Will the judge ok our agreement, or insist the guideline be followed?

Answer: The following is taken directly off the Department of Economic Security (DES) website:

"You may request a review for a modification of your child support order for the following reasons:

-If it has been three (3) years or longer since your order was reviewed for a modification
-If there is no existing medical support provision in the support order and health insurance coverage is available at a reasonable cost to you or the other parent
-To change the medical insurance coverage due to loss of coverage, increase in premium costs, changing the parent ordered to provide medical insurance, or a cash medical support order is needed.
-If one of the children has emancipated
-If you or the other parent has had a significant change in income or loss of a job
-Change in child related expenses (i.e. healthcare costs, daycare costs)
-Change of custody or change in parenting time
-If the noncustodial parent is incarcerated or released from incarceration
-Determination of a disability"

According to this list there are two potential items that can be reviewed for your situation...change in custody/parenting time and change in income.

I would advise you to speak with someone at DES who can provide you with more specific information regarding this process. Here is the contact information: 1-800-882-4151, OR 602-252-4045. You can also contact the your local office.

Another option would be to speak with a family law attorney, especially one who specializes in custody and child support cases.