In CA - the family code says:
"4057. (a) The amount of child support established by the formula
provided in subdivision (a) of Section 4055 is presumed to be the
correct amount of child support to be ordered.
(b) The presumption of subdivision (a) is a rebuttable presumption
affecting the burden of proof and may be rebutted by admissible
evidence showing that application of the formula would be unjust or
inappropriate in the particular case, consistent with the principles
set forth in Section 4053, because one or more of the following
factors is found to be applicable by a preponderance of the evidence,
and the court states in writing or on the record the information
required in subdivision (a) of Section 4056:
...blah blah blah...
(4) A party is not contributing to the needs of the children at a
level commensurate with that party's custodial time."
The father is supposed to have custody of the child 20% of the time. In 2009 he chose to see the child 14% of the time. In 2010 he has scheduled visitation thru June at less than 5%.
Is bumping up the CS calculation in order to compensate for the visitation actually exercised something that is a common practice? Or is this just something on the books that judges rarely allow?
I do not want to try and modify the custody order because I actually want the father to actually see the child more, not try and restrict that time.