In many parenting time and child support modification cases I am involved with, it appears that the motive of a party in requesting additional parenting time is to reduce their child support obligation (as opposed to gaining meaningful time with their children).
The rationale as they see it is that the more parenting time they are awarded the less child support they will have to pay, and thus they will be better off financially.
However, the moving party rarely ends up in a better financial situation. This is because the Arizona Child Support Guidelines were created to compensate a parent for the costs involved of providing for the needs of their children when they are in his or her care.
For example, let's say as part of a divorce Mother was awarded primary custody of the parties' two children and Father was given parenting time of one overnight a week and every other weekend (104 days of parenting time) . Let's further assume that Father was ordered to pay child support of $800.00 per month pursuant to the Arizona Child Support Guidelines.
Let's now assume that Father files to modify the parenting time award requesting that he be awarded every weekend in addition to one overnight a week (160 days of parenting time). If he prevails on his request, the monthly child support award would be reduced to approximately $475.00. Therefore, Father's yearly child support amount would be reduced by $3,900.00.
However, Father now has to provide for the children's daily needs such as food, entertainment, etc. for an additional 56 days per year. Although the additional cost to do so may be somewhat less than the savings realized by Father, it won't be by much. Once you figure in the legal fees incurred by Father to get the reduction, he would end up in the negative.
When deciding establishment and modification of parenting time cases, the Court looks solely at what is in the best interests of the children. If the Court suspects that one party's position is motivated solely by child support purposes as opposed to wanting to spend quality time with their children, then that party can expect an unfavorable result.
Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com
The rationale as they see it is that the more parenting time they are awarded the less child support they will have to pay, and thus they will be better off financially.
However, the moving party rarely ends up in a better financial situation. This is because the Arizona Child Support Guidelines were created to compensate a parent for the costs involved of providing for the needs of their children when they are in his or her care.
For example, let's say as part of a divorce Mother was awarded primary custody of the parties' two children and Father was given parenting time of one overnight a week and every other weekend (104 days of parenting time) . Let's further assume that Father was ordered to pay child support of $800.00 per month pursuant to the Arizona Child Support Guidelines.
Let's now assume that Father files to modify the parenting time award requesting that he be awarded every weekend in addition to one overnight a week (160 days of parenting time). If he prevails on his request, the monthly child support award would be reduced to approximately $475.00. Therefore, Father's yearly child support amount would be reduced by $3,900.00.
However, Father now has to provide for the children's daily needs such as food, entertainment, etc. for an additional 56 days per year. Although the additional cost to do so may be somewhat less than the savings realized by Father, it won't be by much. Once you figure in the legal fees incurred by Father to get the reduction, he would end up in the negative.
When deciding establishment and modification of parenting time cases, the Court looks solely at what is in the best interests of the children. If the Court suspects that one party's position is motivated solely by child support purposes as opposed to wanting to spend quality time with their children, then that party can expect an unfavorable result.
Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com
Useful information. I am really surprised with this fact. This is really the factor which can effects on child's behavior heavily.
ReplyDeleteIt was very interesting for me to read the blog. Thank you for it. I love these topics, and anything related to this case. I would like more information on this blog soon.
ReplyDeleteMy Ex husband has just filled to modify the current plan, to get more child support. he refuses to give me any additional time unless it's court ordered but also takes away my court ordered time. Unfair, as it's not the kids he wants to spend more time with they just go to more after school programs.
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