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Author Topic: Another Child Support Question  (Read 2382 times)
~aquafina~
Guest
« on: April 15, 2007, 10:35:59 PM »

does anyone know if Child Support would go up or down dependent upon the percentage of custody each parent has?

Reason I ask:


STBX has already agreed that the custody arrangements we have thus far will be entered into the court in the divorce decree.  those arrangements are as follows:

I am Primary Custodian.

STBX sees our child ONCE a week from about 3:30 PM until 8:00 PM.

we have agreed upon an occasional overnight visit (STBX has exercised this 3 times in one year)

So, the (generous) percentage split (if STBX were to choose 1 overnight per month) on custody is about

94 % (ME) 6% (STBX)

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Jade
Guest
« Reply #1 on: April 15, 2007, 11:17:25 PM »

does anyone know if Child Support would go up or down dependent upon the percentage of custody each parent has?

Reason I ask:


STBX has already agreed that the custody arrangements we have thus far will be entered into the court in the divorce decree.  those arrangements are as follows:

I am Primary Custodian.

STBX sees our child ONCE a week from about 3:30 PM until 8:00 PM.

we have agreed upon an occasional overnight visit (STBX has exercised this 3 times in one year)

So, the (generous) percentage split (if STBX were to choose 1 overnight per month) on custody is about

94 % (ME) 6% (STBX)



That depends on how your state calculates child support.  In my state, it is a shared income calculation and the ncp gets credit for overnight visits.  The more overnight visits, the less child support.   The less overnight visits, the higher the child support. 
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~aquafina~
Guest
« Reply #2 on: April 15, 2007, 11:25:31 PM »

OK..I am going to look into this AFTER the divorce is final and the Marital Settlement Agreement is entered as part of the decree.

Thanks, jade Smiley
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anniewalker
Sr. Member
****
Posts: 387


« Reply #3 on: April 20, 2007, 05:00:57 PM »

My experience in AL is that visitation or lack thereof has no impact at all.  Visitation is looked up as a right of the NCP and they can exercise it or not, but I've never seen a judge increase child support because of a parent failing to exercise the right.  I have seen them give credit for extraordinary circumstances (an almost 50/50 split in time with the child).  Your attorney knows your judge better than we do though.
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Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind.
Dr. Seuss
~aquafina~
Guest
« Reply #4 on: April 20, 2007, 05:13:43 PM »

Thanks, Annie

Like I said..I am going to look into it.
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Chris
Sr. Member
****
Posts: 307



« Reply #5 on: April 25, 2007, 05:45:29 PM »

CS is dependent on "parenting time", as opposed to "visitation". 
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~aquafina~
Guest
« Reply #6 on: May 11, 2007, 04:01:15 PM »

CS is dependent on "parenting time", as opposed to "visitation". 

oh...

I don't know what that means...

please explain Smiley
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