If this is just an agreement between you then you can have it changed. If it is a court order then you can file to modify custody if there has been a 15% change in lifestyle, income or it has been 3 years…you would file for modification of child support based on the new agreed schedule.
If the number of overnights now exceeds 120 with father then it will likely be recalculated on Schedule B. If you file a modiciation this will likely be considered a substantial change in circumstances.
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Helena M. Nevicosi
Attorney with Rosen Law Firm
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In the agreed custody order it states the amount of child support and when the child is to be with the father. The order is a year and half old. Since the order, number of overnights have increased with the father. Can a modification of child support be done with the number of overnights changing? The change of overnights has been because of an agreed schedule set by both parents (went from every other weekend to a week and weekend a month and more time in the summer) Thanks.