Under Florida Statute 61.30(11)(c), “A parent’s failure to regularly exercise the time-sharing schedule set forth in the parenting plan, a court-ordered time-sharing schedule, or a time-sharing arrangement exercised by agreement of the parties not caused by the other parent which resulted in the adjustment of the amount of child support pursuant to subparagraph (a)10. or paragraph (b) shall be deemed a substantial change of circumstances for purposes of modifying the child support award… “
What is a Substantial Change in circumstances? Well, If one parent is not exercising their overnight schedule and they have a substantial timeshare credit calculated into their child support, you may be able to get addition support.
It is important to note that the failure to exercise timesharing cannot be the fault of the other parent refusing timesharing.
For more information about how to modify your child support contact us at The Law Office of Mary A. Cosmo at 15050 Elderberry Lane, Suite 4-14, Ft. Myers, Florida 33907, by phone at 239-208-2203.