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The Court Must Not Charge You Double for Child Support


C Corporation is arguably the worst business structure, because not only does the business have to pay taxes, but you, as the business owner, must also pay personal taxes related to it.  Few financial situations are more frustrating than getting charged twice for something you were not especially keen to pay for in the first place.  The court should calculate child support payments based on the number of overnights the children spend with each parent.  If you are the higher income parent, and the children are with you for fewer than 50 percent of nights during the year, then your child support payments are equal to a percentage of the children’s expenses proportional to your share of (your income plus your ex-spouse’s income), multiplied by the percentage of the nights per year the children spend with your ex.  The idea is that each spouse covers the children’s expenses during his or her parenting time, and child support makes up the difference.  It isn’t fair to pay for your parenting time and your ex’s.  If the court is overcharging you for child support, contact a Boca Raton child support lawyer.

Court Orders Mom to Pay Child Support as If She Has Zero Parenting Time

Several years ago, a court in Duval County gave a divorced mother a raw deal.  The parents divorced when their children were 17 and 12, and their parenting time awarded the father the majority of the parenting time.  It stipulated that the mother’s parenting time would be two weekends per month, plus some holidays and half of school vacations.  This gave her about 135 days of parenting time per year.

Even though the mother’s income was less than the father’s, the court ordered her to pay child support, because he had about two thirds of the parenting time and was with the children on school days, which meant that he paid their school-related expenses.  The court made an egregious error in calculating the child support, though, in that it did not give the mother credit for her parenting time.  It calculated the child support as if the mother did not spend any overnights with the children at all.

The mother petitioned the court to modify her child support retroactively so that she received credit for her parenting time.  It took several months for the court to make the modification, so that, by the time the modification went into effect, the older child had turned 18, and the mother was only responsible for paying child support for the younger child.  With the help of a child support lawyer, the mother was able to reduce her child support obligations to a fair and reasonable amount.

Contact Schwartz | White About Modifying a Child Support Order

A South Florida family law attorney can help you if the amount that the court has ordered you to pay in child support is excessive.  Contact Schwartz | White in Boca Raton, Florida about your case.



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