Think of the hypothetical case of Robert and Mary. Robert`s income is $4,000 per month, while Mary`s income is $2,400 per month. You have two children. A court orders a change in custody of the children only in certain circumstances. It is useful for parents who have either a child custody agreement or an order to understand the factors that a court will consider when asked to decide the case. This information can help the parties negotiate an agreement or decide whether or not to pursue a judicial application to amend an existing child care provision. Other cases may be complicated by the issue of determining the parties` income, particularly where one or both parents are independent or own their own business. Other cases may involve assisting children of a child between the ages of 18 and 22, who is at university, or children of any age with disabilities or special needs. The only way to influence the amount of education you receive or pay for is for the non-resident parent to prove to the family court that visits exceed 40 percent or 146 nights. The court may make changes to your custody on a case-by-case basis. The court may also order an amount other than the amount of the table in the event of special circumstances that benefit the child.
Special circumstances could include situations in which, for example, the paying parent transferred the family to the other parent and the parties agreed to reduce family allowances as a result of the transfer of property. If family allowances are based on child welfare scales, any change in circumstances that would lead to another allocation decision may justify a change. Among the types of changes that affect the amount of the table are things such as a change in the income of the paying parent or the fact that the child now lives at least 40% of the time with the paying parent. Other circumstances that may justify a change in order are situations in which a child has moved and escaped the control of the parent. The relative percentages of each parent`s gross monthly income or „GMI“ then determine the custody of the children to be paid and increase per child. The amounts are included in the federal child care guidelines.