Legal Question in Family Law in Connecticut
I presently pay child support to my 6 year old son's mother and I have a couple of questions based on our schedule and situations...
1) Based on our custody agreement from 2 years ago, it was written and finalized that our visitation schedule essential breaks down to her having him 55% of the time and me having him at my home 45% of the time. Since the beginning of this past school year we both agreed to a slight alteration that sees an additional overnight on my end. This makes our schedule just a few hours (literally) away from a 50/50 split. He also attends the school for the district I live in, not his mother. I am planning on filing an appearance to have these changes noted in our agreement and I'm curious if such changes would alter the support arrangement we have.
2) This is my main question really.
My ex is also unemployed. For a brief time this year as well but was fortunate enough to find work again fairly quick. I understand the economy isn't particularly great but she's been unemployed for 2-1/2 years and has stated on more than one occasion that she's not in any great hurry to return to work as her husband makes enough to get them by week to week. I pay about $150 a week in support and the fact that I work 50 hours each week to support my new family and my son and give her support... it's all just a little frustrating. I understad the need to pay support for my son and as a responsible adult I've never even questioned the amount until recently.
I don't think it's fair that I have to bust my backside each week while she stays home and does nothing to be a productive earner on behalf of our son's well-being. If I were to present this in court, is the judge likely to take her earning potential into consideration versus her actual income (which is non-existent)? I ask not as an attempt to put more money in my pocket but to know the money is being properly spent on/for him and to push her to contribute a little.
Your help is appreciated!
1 Answer from Attorneys
Because it appears that you have a 50/50 shared physical custody arrangement you may have a claim to reduce the child support. However, although you changed the schedule by one overnight since the agreement was signed 2 years ago, I'm not sure that is enough "change in circumstances" to warrant a reduction. The fact that the schedule was actually almost a shared custody arrangement 2 years ago, you agreed to that child support amount then and things really haven't changed much since. You do not need to have an exact 50/50 arrangement to deviate from the child support guidelines. I'm also not sure if there would be enough of a reduction to warrant a modification because I don't have enough information.
With regard to her unemployment situation, I don't think she can justify being out of work for 2.5 years. Although the economy isn't great, most people are working. I do think a court would consider her earning potential. Although I don't know what that amount would be, assuming it's enough to reduce your child support, then it may be worth pursuing a modification on that basis.
You would need to run the numbers to see if this is all worth you taking time off from work to pursue in court and/or hiring a lawyer.
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