Modifying Child and Spousal Support Based upon Non-Custodial Parent's Limited Contact

[fjprez]

My question involves child support in the State of: New Jersey

My initial divorce (5/2011) included a 50/50 shared custody agreement giving my X 4 months to establish a residence in close proximity to our home. She moved 100 miles away and did not return in the time frame agreed to. After six months I had to file a motion in regard to Primary physical custody and child support. Based on the 50/50 she was getting $1400 a month in alimony, zero child support either way and I paid all health insurance for our two boys now 14 and 17 with all other costs being split 50/50. The alimony was sufficient combined with her income of $25K per year giving her $41K a year.

At the motion hearing in 11/2011 she claimed to need more time to relocate, never intended to keep the 50/50 agreement and agreed to a 28% visitation arrangement with no child support. I allowed it because I wanted her to remain a viable part of our sons lives. I was awarded Primary Physical Custody of our sons as they expressed from day one there wishes to live with me. I also agreed to help her see the boys by driving them to a half way pick up point ever other visit until she returned to the area. She also agreed to continue to pay for the boys dental insurance.

Within 5 weeks of the 11/2011 agreement she informed the boys and myself that she rented an apartment 110 miles away and decided to relocate her life in this new area and not return to our area. She also informed the boys she would not be paying the dental insurance. I waited this long to keep a record of visitation to consider a change of circumstances in regard to Alimony and child support. Her visitation for the first 13 months since the divorce is 5% with just 6 overnight visits and an average of one visit a month of 4 hours in which she drives here and takes the boys for lunch. She doesn't give them a nickle for anything and has spent a total of $300 for the year on some clothes for them and zero child support.

My question is besides the $900 a month she should be paying in child support based on the NJ Child Support calculator is it reasonable to ask for a deduction in alimony based on a 95% sole parenting situation where all the responsibility for our sons is mine and she has rented a single bedroom apartment opposed to a two bedroom apartment needed for the 50/50 agreement she didn't keep?
Also what are my chances of getting sole legal custody as she has basically abandoned her sons seeing them for only 4 hours per month and doesn't engaged me in any decisions that have to be made in regard to the boys?

Thank you.

[Mr. Knowitall]

If the custody situation has changed dramatically, it may make sense to both seek a custody order defining the status quo as the new custody arrangement and seeking child support based upon that new order.