Does determining which parent has custody and which parent has to pay child support always go by where the children sleep more?

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Does determining which parent has custody and which parent has to pay child support always go by where the children sleep more?

I work night from 10:00 pm-6:30 and so my soon-to-be ex has them from about 6:45 pm-6:45 am from Wednesday-Friday and every other Saturday, then from 5:30 pm Saturday-6:45 am Monday morning. So we have them about an equal amount of time, however all the info I have found on child support goes off of where the kids sleep more. This is his house but during the week he only has them for 2 hours before they are in bed.

Asked on September 26, 2012 under Family Law, Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country the amount of any awarded child support is based upon the percentage of total time on parent has the minor children more per month than the other parent and when established the court then looks at the net monthly income of each parent and then follows county guidelines for child support based upon this percentage and the net monthly income of each parent.

I suggest that you consult with a family law attorney about your matter who practices in the locality where your children reside.


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