Divorce Support Forums: Visitation and Support

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General Forums >> Custody and Visitation

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sysop
New

Reged: 10/09/08
Posts: 2

Visitation and Support
#234773 - 10/09/08 11:20 AM (65.25.4.131)

Hello Im new here and I have a few questions about how visitation affects support. First a little background. I am the father of an 8yr old, and I retain 50% shared custody - although his mother has the primary residence. We were never married and were separated when he was 1yr old. I have always had visitation and payed support (with no arrears record). Recently the visitation agreement was revised and I secured a lot more visitation time (up to 45% on a monthly basis, used to be about 25-30%). But because of our difference in incomes, I am paying about 75% of the support obligation which is a considerable amount for one child. But now that he is with me almost half the time, I am also incurring higher day to day expenses. Id like to know if the court considers the amount of visitation when deciding support or if a deduction is warranted in these cases. State is Pennsylvania.

Thanks!

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germangirl631
Platinum

Reged: 04/04/08
Posts: 1281

Re: Visitation and Support [Re: sysop]
#234777 - 10/09/08 11:37 AM (63.127.202.141)

I don't live in PA, but it looks like they can take custody sharing into account when determining CS. see
http://www.pacode.com/secure/data/231/chapter1910/s1910.16-4.html

I googled
"income sharing" PA
and found this site.

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sysop
New

Reged: 10/09/08
Posts: 2

Re: Visitation and Support [Re: germangirl631]
#234779 - 10/09/08 11:58 AM (65.25.4.131)

Thanks for the link. I see the section where it calculates the number of overnights and provides a 30% reduction, but it doesnt state at what threshold this takes effect. Any ideas?

In my case, if you go strictly by overnights its actually less - about 27%. Thats because he only spends the night about 2/3s of the time, so not every time. So that formula seems a bit unfair because it fails to account for time that I have him but not overnight.

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germangirl631
Platinum

Reged: 04/04/08
Posts: 1281

Re: Visitation and Support [Re: sysop]
#234780 - 10/09/08 12:01 PM (63.127.202.141)

Most states go by overnights. I know NJ does.

If you click the "previous" link up at the top of the page I sent, you'll see more reasoning in words about how things are done.

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