Question about #nights per year for child support calc


#1

In our unsigned agreement, we stated that he would have the children every other weekend fri, sat, and sun nights, and one optional night during the week, which is completely at his discretion.

When we first separated in March '09, he would take 1 child during the week then take the other child the next weeknight. Occaisionally he would take them both, and sometimes he would not take them at all.

In Feb, 2010, he began working in TN and lives in a garage apartment during the week and during his non-visitation weekends. So now he comes home to see them every other weekend only.

I am working with him now on the amount of child support he should pay. If we use worksheet A, he owes me $903 monthly. If we use worksheet B, I owe him $134 monthly.

Which worksheet would I use in this scenario?


#2

If he has the children overnight for less than 123 nights per year you will use a worksheet A. The every other weekend scenario provides the non-custodial parent with approximately 52 nights a year.


#3

If we sign the agreement, which includes an “optional” overnight during the week, how do we count that night? It changes my child support calculation significantly. Without counting that overnight, we use schedule A as he will have 78 nights per year and he owes me $900 per month. By counting that overnight, we use schedule B as he will have 134 nights per year and I owe him $130 per year.

Are “optional” days typically counted, even if the parent usually does not take the overnight option? Or do you go by what is happening in reality?


#4

Thanks.

If we sign the agreement, which includes an “optional” overnight during the week, do we count that night in the child support calculator? My issue is that since he no longer lives here, it is impossible for him to take the children during the week. Also when he was here, he would only take one child and not both most of the time.

This changes the calculation significantly. If we count that overnight, I owe him $134 per month because it pushes us to schedule b with 130 nights per year. If we do not count that overnight, he owes me $903 per month because we use schedule a with only 78 nights per year.

Do we count the “optional” night?


#5

I suggest you go by what is actually happening and do not count the optional night as he is not taking it.