Can I seek a custody modification if I have my child more often?
When a custody order is created, it is based on the information available at the time. This includes the income that each parent makes, as well as how much time is spent with each parent. As the years pass, changes in circumstances may occur which warrant a modification of the original custody order. You may wonder if you are spending more time with your child if that qualifies for a child custody modification.
Generally speaking, there are three instances where a child support order may be modified. In Florida, this includes changes to income, parenting time and certain expenses. More information can be found below.
Changes to parenting time
According to FindLaw, if there is a substantial change in parenting time, you may seek custody modification. Any difference between the court-ordered parenting plan and the actual parenting plan in action may result in a modification.
When this happens, the courts will recalculate child support based on the new parenting plan as it is currently being practiced.
Changes to income
Changes to income, either an increase or a decrease, can result in a child custody modification. You can file for a custody modification whenever your income changes, but the income must result in a change of support by at least $50 or 15%.
Changes in expenses
Only certain changes in expenses qualify for a custody modification:
- Child care
- Health insurance for the parent or the children
- Alimony
- Taxes
- Additional court-ordered child support orders
Generally speaking, increases in other types of expenses will not result in a valid reason for custody modification.
