The short answer is maybe and the longer answer depends on many factors. The most important documents needed to fully analyze your situation are the Separation Agreement or Court Order (Agreement/Order) currently in place for child support and child custody. If neither of these documents have been signed, you need to see an attorney to begin the process of getting a formal resolution to your child custody and child support issues.
If you currently have in place an Agreement/Order, it is key to look at the specific language addressing the foundation for child support. Is child support based upon both parties having equal visitation? Does the Agreement/Order call for sharing of expenses? If your Agreement/Order calls for either of these and neither are happening in reality, you may want to formally ask for additional support, which legally is called requesting a “modification of child support.”
Instead of going straight to a modification of child support, you may want to consider another approach. You could actually change the custody schedule in the Agreement/Order to reflect what has been occurring. If the change in the custodial time is significant, child support should be recalculated as a general rule of thumb. To determine whether the facts in your case warrant a modification in child support, meet with an attorney to go through your Agreement/Order with you. It is important to get educated on the details and nuances of your Agreement/Order before trying to negotiate a modification or filing for a modification in the court system or with your spouse. Our team of family law attorneys are here to help.
Eric C. Trosch
Board Certified Specialist in Family Law