From reading a previous article, it looks as if child support can only be modified after three years. We have only been divorced about 18 months. I thought since my ex’s income has jumped about $15,000-$20,000 since the divorce, while my income has went up about $2,500 during this same time, the child support might be modifiable. With that said, what about my visitation? How do I enforce it? Unfortunately, I get only Christmas with them and no other holiday unless it falls on my weekend. I am suppose to get my girls every other week during the summer and every other weekend during the school year. Yet my ex, who will not talk with me, allows the girls both under the age of 12 to decide whether or not they want to come over. With dance competitions and constant birthday parties they decide not to come over, despite my willingness to take them to the dance competitions and birthday parties during my visitation. What can I do? I am missing the opportunity to build a solid relationship with them.
Child support is modifiable after the passage of 3 years and a 15% change in income.
In order to change the visitation schedule outlined in a court order a parent must allege that a substantial change in circumstances as occurred which affects the children’s best interests.
If child support and custody are outlined in a Separation Agreement you may file an original action for both claims without the necessity of alleging a change.