SPARC Forums

My income dropped by 1/3 due to the housing market.  It has been this way for over a year.  I need to drop the Child Support a bit.  It will go fot $973 amonth to $775 a month.  I am going to go for 50/50 custody in April of 2009.  Will changing the CS amount effect changing the custody agreement?

Thanks for the help

Child support and Custody are 2 seperate matters.

Why are you waiting nearly a year to go for 50/50?

The order was modified in April of 2006.  We have to wait the 3 year period before we can modify.  I did get more time then I had before.  Next year the kids will be even older so I should be able to get 50/50.  I am actually glad for the wait.  I am saving money and making a list of everything I would like changed and why.  

Do you have any suggestions to help me prepare for the fight?

Maybe I'm wrong here, but it sounds like you're confusing CS with custody and they are two completely separate issues.  Many states have 2-3 year waiting periods for CS modifications...which keeps vindictive custodial parents from constantly requesting modifications.  In my state (IA), there also MUST be a 10% change (+/-) in either parent's income to warrant seeking modification.

As for changing a custody agreement, once you have an original order, you MUST have a 'significant change of circumstance' for the child(ren) in order to warrant seeking a change in the current order.  And even that, it's a crap shoot if you would get anything positive out of it.