Unused Visitation

[Frustrated_one]

What is the name of your state? Virginia

If a parent chooses to consistently not use all of their parenting time, will a court modify the visitation schedule?

This has been going on for months now. Actually the parent doesn't even notify me that they are not picking up the children that weekend. I would say about 60-70% of the visitation is taken.

Also, would this effect a child support order? Nope. I'm not looking for an upward modification. This is a shared parenting situation and the ex wants more time and less child support.

 

[Zephyr]

What is the name of your state? Virginia

If a parent chooses to consistently not use all of their parenting time, will a court modify the visitation schedule?

This has been going on for months now. Actually the parent doesn't even notify me that they are not picking up the children that weekend. I would say about 60-70% of the visitation is taken.

Also, would this effect a child support order? Nope. I'm not looking for an upward modification. This is a shared parenting situation and the ex wants more time and less child support.

if you guys agree on those issues there is no reason you can't amend the current order

 

[CJane]

What is the name of your state? Virginia

If a parent chooses to consistently not use all of their parenting time, will a court modify the visitation schedule?

This has been going on for months now. Actually the parent doesn't even notify me that they are not picking up the children that weekend. I would say about 60-70% of the visitation is taken.

Also, would this effect a child support order? Nope. I'm not looking for an upward modification. This is a shared parenting situation and the ex wants more time and less child support.

I'm confused. The parent who isn't currently taking scheduled visitation wants more time?

 

[fairisfair]

I think that the question is:

If NCP does not use all of his current visitation, what are the chances that a court will award him more visitation and a decrease in child support in the event that he files for a modification.

I think she is looking for no changes at all. Poster??

 

[Frustrated_one]

I'm confused. The parent who isn't currently taking scheduled visitation wants more time?

Yep. It's not because they truly want more time but in order to have their child support decreased considering more time spent with them means supposedly higher childcare costs on their part.

How many times would this have to occur before the courts would consider modifying? I just want to be prepared for a response to the court when I recieve the paperwork the ex and his attorney already threatened me with.

 

[Frustrated_one]

I think that the question is:

If NCP does not use all of his current visitation, what are the chances that a court will award him more visitation and a decrease in child support in the event that he files for a modification.

I think she is looking for no changes at all. Poster??

Correct. I'm not looking to modify anything. I filed a show cause for back support and now the ex is in the process of filing for increased visitation and lowered child support.

I see where the two go hand in hand but not if all the visitation was used previously. Two or three days, no big deal. A weekend each month without making any arrangements is a pattern in my opinion.

I could be wrong though. It wouldn't be the first time!

 

[weenor]

Overall we cannot predict how the judge will process the information. However, if the ex did not have a good reason for not fully exercising his visitation and if your circumstances haven't changed a judge will likely not entertain the idea of giving more visitation to reduce the child support.

 

[kik1999]

Overall we cannot predict how the judge will process the information. However, if the ex did not have a good reason for not fully exercising his visitation and if your circumstances haven't changed a judge will likely not entertain the idea of giving more visitation to reduce the child support.

I agree with weenor. Make sure to document all instances when the ncp does't exercise visitation (dates, times, circumstances), and one would think a judge would probably see right through the real reason the ncp wants more time.

 

[Frustrated_one]

Okay, thank you for the advice.

I have all the missed dates documented. No circumstances really occured just no arrangements or phone calls were made about it. Like those weekends were never even apart of the visitation agreement.