Monday, June 16, 2008
Extra-ordinary visitation: Do all children have to attend visitation?
In In Re: Marriage of Williams (6/11/08), the parents agreed that Dad would have primary physical care and mom would have visitation. The parties had three children and mom exercised weekly Wednesday visitation with one child, not all three, therefore, Mom had sufficient overnights to receive the credit if calculated using one child not three. At the time of the entry of the Decree, it was agreed that Mom would be given an extraordinary visitation credit of 15% due to her visitation. Dad attempted to modify the Decree as Mom's income had increased. Dad argued, however, that Mom should not receive the creditbecause she did not have all three children with her 127 or more overnights. The Court of Appeals held that Mom should receive the credit as there was no substantial change in circumstances from the original Decree relative to the amount of time Mom was with the chidren.
