If I’m working with my ex-husband in adding up last year’s total custody time in which I provided many weeks of extra coverage, do only overnights count?

We need to input the total amount into a new dissomaster so new child support calculations can be made. My ex is only counting days in which the kids stayed overnight. So for example, if the kids came over for a full 8 hour day and did not spend the night, my ex says this does not count. Is this true?

Asked on January 10, 2013 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

You have to count hours.  This isn't about overnights.  He is just trying to be manipulative.  You should really consult with a local family law attorney to make sure you are getting a fair deal here.

I'm having a hard time understanding why you are looking back over the last year anyway.  Child support isn't based on what you used to do--it is based on what you are GOING to do.  It should really be based on your current parenting plan--whatever that is.


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