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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.