Question:

If the parent with the higher income has more overnights with the children, do they still have to pay child support?

Answer:

In general, a child support order is based on the parties’ respective incomes and custodial time share of the minor child(ren). Each state is different as to how they calculate support, factors to consider and what financial hardships are placed in the equation.

In most circumstances, I would inform my client that if you are the higher income earner, expect to pay some form of child support.

When one wants to modify a support order, it is best to do so once financial circumstances have changed, such as an increase or decrease in income by one party, or if the custodial arrangement has changed. I believe that in most states, retroactivity of the order will only apply to the date that you file your motion to modify, not the date that the circumstances change (i.e., job loss, reduction in income, etc.).

As I stated before, each state is different in how they calculate support. If you have not done so already, it would be wise to set up an initial consultation with an experienced family law attorney at Cordell & Cordell to better assist you in determining what your rights are in relation to the specific facts of your case.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.