Child Support: Reducing Overnight Visitation Credit

St. Louis divorce lawyerQuestion:

I am curious about the child support laws for reducing my overnight visitation credit?

My income has been greatly reduced in the past several years due to the recession. I recently received a motion with the new child support calculation.

On my judicial order I was given a 34% overnight visitation adjustment credit. On the new motion, the Child Support Modification Unit gave me a 10% credit. This drastically changed the child support calculation.

Is there a legal precedent for reducing the overnight visitation credit? My children live with me 182 days a year.

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am licensed to practice.

Without knowing all the facts of your case, I would first suggest that you request an Administrative Hearing to clarify why the Child Support Modification Unit only gave you a 10% credit for overnight visitation, in lieu of the 34% credit provided in your judicial order.

In Missouri (where I practice), in order to change the original credit in a child support modification they must find a substantial and continuing change in circumstances to warrant the reduction.

Since there was only a change in your income and not in child custody, it is likely that there is no substantial and continuing change to warrant the reduction in your overnight visitation credit.

However, due to the discretion judges and administrative agencies have in determining child support, it is in your best interest to talk to a mens divorce attorney to determine if the facts of your case warrant an increase in your overnight credit.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Brittany Brown, a staff attorney in the St. Louis office, contact Cordell & Cordell.

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