What to do When the Other Parent isn’t Exercising Their Timesharing

Some people might not see this as a problem, particularly in high conflict relationships.  You don’t have to deal with the other parent and you have a monopoly on your child’s time.   However, there are some real considerations, chief among them is whether the other parent, despite not exercising their time-sharing, is still getting credit in the child support guidelines for that time.  Remember, the two biggest factors in calculating child support are the parties’ net incomes and the number of overnights that each parent gets with the child on any given year.  So, its possible the other parent is deriving a big benefit from time-sharing they aren’t even using.  Well, thankfully the Florida legislature has provided you with an answer to this dilemma.  Florida Statute 61.30 allows a parent to request a modification of child support when the other parent isn’t exercising their time-sharing, so long as that parent wasn’t being unreasonably prevented from doing so.  In fact, that modification can go all the way back to when the other parent stopped exercising that time-sharing.  Depending on what the change in child support amounts to and the length of time during which the other parent wasn’t visiting, this can amount to a fairly large amount of money.   Please note though, that absent the court modifying the time-sharing schedule as well, this modification will only cover the time that the other parent wasn’t visiting, it does not change the child support moving forward (Andrews v. Andrews, 219 So. 3d 1006 (2nd DCA, FLA).  Thus, another consideration might be for the primary parent to seek a modification of the time-sharing schedule as well in order to make the child support modification permanent.

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