Child Support

Timesharing “By Agreement” Without Court Order Now Allowed to Adjust Child Support

Posted by on Sep 4, 2014 in Child Support
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Generally speaking, under the child support guidelines, the more overnights a parent spends with their child or children, the less child support is paid. The child support guidelines mandate that the trial court make this adjustment. Many litigants who are fighting child support issues are aware of this and understand it. However, what if your Marital Settlement Agreement or Parenting Plan, which has earlier been incorporated into your Final Judgment of Dissolution of Marriage, says that you have 18% overnights with the children, but in reality you have actually been exercising 40% overnights with the children, with the approval and understanding of your former spouse? Shouldn’t you be entitled to a reduction in your child support? Under a very recent amendment to the statute, you do get such a reduction. (more…)