Can i get the child support lowered?

Asked about 3 years ago - Philadelphia, PA

If i get my daughter everyday from 3-6 and her mother picks her up when she gets off at 6 and we rotate weekends. Example, i would get her on a friday and sunday over night and mother gets her saturday and the next weekend we would switch i would get her sat night and mother fri and sunday. But my daughter resides at her mother house. The custody is that i have visitation while the mother is the primary. Now i was oredered to pay 1124 a month in child support. I dont agree to it but i do know thats the system and they just ran the numbers. I hate it and think its unfair when i was not the one to leave the marriage. My daughter and i have a very close relationship and the mom knows i will do any and everything for that little girl. Theres guys who dont care about there child. I dont get it.

Attorney answers (2)

  1. Karen Purcell Reynolds

    Contributor Level 8

    Answered . PA child support awards are based primarily on the net incomes of the parties. It sounds like you attended a conference at which the officer took into consideration your income and the mother's income and calculated the monthly order of $1124. The calculation itself is easy. The key is in determining how much each party actually brings home. For example, be sure that things like mandatory retirement contributions through your employer were deducted from the income figure they used. Also be sure that if you are providing health insurance coverage, you received credit for that. There are many other factors, and you should consult an attorney to review the order and ensure that they were all properly considered.

    The court may deviate from the support guideline calculation if you spend more than 40% of the overnights with the child. Overnights are key here. Unfortunately, the time from 3-6 does not earn you any credit. You would need to spend more than 40% of the overnights to receive any type of deviation from the guidelines.

  2. Dana Joseph Stewart

    Contributor Level 10

    Answered . Please keep in mind that I am licensed attorney in Texas. That being said, I will try to at least give you some advice.

    In Texas, the courts can take several factors into consideration when setting a child support amount. One of those factors is that amount of time the obligor (the person paying child support) spends with the child. For example, I have had cases where the parties had a 50/50 possession schedule and therefore, no one paid child support. However, I have also had cases where there was a 50/50 possession schedule and one party still paid child support - but it was a reduced amount compared to the state guidelines.

    All family law cases are very fact specific, so it's difficult to give you a prediction without knowing more of the facts. My advice is to contact an attorney licensed in your jurisdiction to see what options you have. Best of luck!

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