A non-custodial parent’s failure to exercise his or her parenting time may warrant an upward modification of child support. Courts reason that if the non-custodial parent is not exercising the parenting time, the child is spending more time with the custodial parent and that parent is incurring more expenses to provide for the child.
If you are in this situation, begin keeping detailed records of when the non-custodial parent exercises his or her right to parenting time. Keep a diary or calendar of when the parenting time is and is not exercised. Email the non-custodial parent periodically to inquire whether he or she intends to exercise the right to parenting time. If there is a pattern of missed parenting time over a significant period of time, the Judge may deem it appropriate to increase the child support obligation.
Further, O.C.G.A. §19-6-15(k)(5)provides that where a custodial parent prevails in an upward modification of child support based upon the noncustodial parent’s failure to be available and willing to exercise court ordered visitation, reasonable and necessary attorney’s fees and expenses of litigation shall be awarded to the custodial parent.