Violation of a Shared Parenting Plan

by Kim from Bonita Springs, Florida, Lee County

My ex husband and I have a 50/50 time sharing plan in place through our Divorce. However my ex husband continually is non compliant to the terms of fifty fifty.

I have had my son about 80 percent of the time for about two months and according to my ex husbands work schedule I am looking at another 4 months of me doing 80 percent.

I am getting Alimony from him and no child support until the Alimony stops based on his income. I would like to know what I can do about this and what consequences does he have for non compliance.

Answer to Florida Child Custody Question

Dear Kim,

I am curious about a couple of points in your question.

First, I find it odd that alimony was ordered, but child support was not.

I suppose that the lack of a child support order was based on your 50/50 time-sharing arrangement; and that you might have similar incomes.

Second, I am curious about your motivation. Many single parents would like nothing more than to have their child with them more often.

His alternative to having your child stay with you, during his time-sharing days when he has to work, could be to pay a child care provider or enlist the aid of another family member.

The time-sharing plan that you likely agreed to includes this language or something similar:

XIII. CHANGES OR MODIFICATIONS OF THE PARENTING PLAN

This Parenting Plan may be modified or varied on a temporary basis when both parents agree in writing. When the parents do not agree, the Parenting Plan remains in effect until further order of the court.

Any substantial changes to the Parenting Plan must be sought through the filing of a supplemental petition for modification.

You might want to file a Supplemental Petition for Modification of Parenting Plan/ Time-Sharing Schedule and Other Relief, Form 12.905(a) to reflect the new time-sharing arrangement and to request child support for the additional time that your child spends with you.

Have a look at our web-powered instructions page for this form. These are Florida Supreme Court approved forms and can be found on the Supreme Court's website at www.flcourts.org

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