Non-custodial parent’s failure to spend time with a child results in forfeiture of the right to a reduction in child support; legislature has specifically provided that a parent’s failure to exercise court-ordered or agreed-upon time-sharing, not caused by the other parent, resulting in the adjustment of child support, constitutes a substantial change of circumstances warranting modification retroactive to the date the noncustodial parent first failed to regularly exercise court-ordered or agreed visitation.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com