Will I Have To Pay More Child Support If I Miss A Visitation?

Question:

My child support questions is regarding my new new job that will require me to miss periods of parenting time with my children over the coming year.

My ex-wife says that she can modify my child support to increase my child support since she will have more parenting time.

Am I required to pay any additional money if I do not see my kids on the weekend that I am scheduled?

Also, I would like to modify my divorce order so that we split transportation so that I do not have to both drop off and pick up the kids during every visitation. Is that possible?

Answer:

This answer only includes general divorce help for men since I am only licensed to practice in Texas and am thus unable to provide specific advice on divorce and child support laws.

The answer to the first part of your question is no, you are not required to pay additional child support money because you are unable to exercise a period of parenting time with your children. Where I practice, child support is not based on possession and access.

The answer to the second part of your question is a little more difficult based on lack of information. In my state, the possessory conservator shall pick up the children from the managing conservator’s residence. The surrender of the child is usually at the residence of the managing conservator, as well.

If at the time the original or modified order was established and both conservators lived in the same county, and the managing conservator’s county of residence changes, the managing conservator shall surrender the child to the residence of the possessory conservator. With this change usually comes the cost and expense of traveling.

However, if you feel the burden is too expensive or too time consuming and interferes with the possession periods with your children you can attempt to modify the order and ask that the surrender and return be divided amongst both conservators.

In order to file a modification you will need to show a material and substantial change since the establishment of the prior order. This burden can be fairly high depending on your court.

Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion and financial advice on divorce, I urge you to contact a divorce lawyer.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Houston Divorce Lawyer Robin W. Klein, please contact Cordell & Cordell.