Filed a custody petition and got a default, but circumstances have changed, can I modify or will I have to wait?

Question: Parent filed for custody after other parent leaves home. Custody filed, default entered when other parent fails to respond. Other, parent who left is awarded no rights and no parenting time. Obviously, no income information was entered with the court, because it was a default judgment. Since the default entered, childcare costs have increased and it is creating a financial hardship. Can you file for a modification adding additional provisions like extra curricular activities and daycare? How do I deal with having no child support ordered? I assume the other parent’s income is still low, and I also assume they will not respond to any further court motions, how is this enforceable? 

Answer: You can indeed file with the court for a modification of child support; however, you can also have the Division of Child Support (DCS) do it for you, at no cost.

Child care costs do get counted toward determining a child support amount, but generally speaking extracurricular activities do not. If the other parent is making less than full-time minimum wage, their income for child support purposes would be attributed to be “full-time minimum wage” anyway, unless they are disabled or incarcerated.

Furthermore, there is a statutory minimum child support amount of $100 per month irrespective of most of the other factors. If the parenting time is more than a standard parenting plan (which it is not in your case, as they have no parenting time at present), then it can serve as a vehicle for waiving the minimum amount.

Again, you can contact the DCS to see about a modification. If for some reason the DCS will not pursue it, you can (and should, in that event) consult with an attorney who can further evaluate the situation for you. DCS cannot give legal advice, though, so you should probably consult with an attorney in any case, even if you ultimately can have the DCS take care of this for you.