Modifying child support based on the new 20% rule

[redfish]

I currently have 39.5% overnights with my daughter which is just under the 40% rule. Can I file for a modification of child support solely based on the new 20% rule that went into effect last year? I've been told there needs to be a permanent change to warrant a modification. Does the court recognize the new 20% rule as a permanent change? Are there any cases that have been heard (case law) to reference?

[Attorney Howard Iken]

You can try. But based on my recent experience, if incomes have not changed, you cannot seek a modification only based on the new statute. But I think the statute reads different so it is worth a try.