Can I ask for more child support after the divorce is settled? 2 Answers as of August 08, 2011

I have been divorced for about 3+ years. The marital settlement agreement stated joint custody (3 children) and shared residency. (182 days at each home/yr). My spouse moved out before the divorce. The children (all teenagers) have not spent one night at my ex-spouses home in these 3 yrs. They will go over there occasionally but just don't feel very comfortable staying there. (my spouse now has "friend" that spends a lot of time there including many overnight) Due to my childrens desire to live exclusively with me there has been much more of the burden of expenses that have accrued to me. I am currently receiving support based on the shared residency. Is there the possibility that I may be due anything more. I have asked my ex to give the children $25/ week for their activities but this request was declined.

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Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
Yes, I recommend bringing a motion for child support given they spend most of his allotted time with you and he doesn't help with groceries, etc. Even when a parent does use their time but refuses to pay their portion of shared costs, the court can order the straight percentage guidelines as the sharing of costs is not working. Sounds like it is not working here. You could do a change of placement motion, however, this route is less costly and out of court much sooner than change request in the placement orders.
Answer Applies to: Wisconsin
Replied: 8/8/2011
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
You can ask for a modification of child support any time there is a substantial change in circumstances; however, with the below fact pattern you may wish to also do a modification of placement motion to have the order reflect what you are actually doing.
Answer Applies to: Wisconsin
Replied: 8/5/2011
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