As Parenting Time Changes, So Should Child Support

As children get older, and as parents move or re-marry, parenting time can change. Sometimes parents allow the change because they’re following the children’s desires or schedule needs, or because a parent’s work schedule has changed. The number of overnights a parent has directly impacts the amount of child support to be paid; as parenting time changes, child support should also change.

Parents who want to modify child support based on a change in parenting time should know that without a court order reflecting the change in parenting time, child support will not be modified based on the actual schedule the parents are following. The Minnesota Court of Appeals clarified this issue with a decision in 2022.

2022 MN Court of Appeals Decision

Per Nelson v. Nelson, 983 N.W. 2d 923 (Minn. St. App. 2022), when a court is modifying child support, the court must use the parenting time schedule listed in the last court order, even when parents haven’t been following the court-ordered parenting time.

It is always good for children when parents can cooperate and be flexible for the sake of their kids. If you and your co-parent agree that your court-ordered parenting time is no longer the best schedule for your children, you can draft a file a stipulation and order. You don’t have to file a motion or go to court as long as you agree. It’s important to update your court order so it accurately reflects your actual parenting time schedule.

If you are considering a divorce, or a modification of child support, contact Christine Callahan, an experienced family law attorney, for more information.


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