When you go through the process of getting a divorce and you have minor children from the marriage, there are multiple legal issues that must be synthesized and work together. If not, problems are almost inevitable. For example, if your timesharing and your child support are based upon two different parenting plans, then something is going to go wrong. Either you’ll be paying too much (or too little) in child support, or else you may be getting an incorrect amount of timesharing. Whatever has happened, you still have options; namely, through the process of making a motion for modification. To make sure you’re going about that process properly, be sure you have a skilled South Florida family law attorney by your side.
A.C. and E.C. were a couple whose divorce case was an example of this problem. The couple had two minor children, and their 2013 divorce included a parenting plan and child support order. The parenting plan gave the father roughly 82 nights of timesharing. For reasons not explained by the Court of Appeal, the child support order did something very different: it calculated support based on the father having the children for 146 nights. Obviously, this disparity could potentially make a huge difference in the child support amount calculated under the guidelines.
Four years later, the mother asked for a modification of child support. The father responded by filing a claim for modification of timesharing.