Child Support- Custodial Parent, whats considered "time" spent with Child?

Asked over 1 year ago - Bronx, NY

When considering who is the Custodial parent. When counting the “time” the child spent with a parent is that considered in “hours” or “days”, or “overnights”?… Reason I am asking is because I’m keeping a calendar of days spent with my son for child support purposes to prove I’m custodial parent. If I drop my son off to his mother in the afternoon at 3pm, is that considered partial day with me? Or because he will spend the night at her house on that day is that’s full day considered hers? Example of our schedule is Friday mornings at 7:30am I pick him up and return him on Tuesdays at around 3pm…On days that she has him, I still pick him up at 730am to take him to school, he is in school from 8:30 to 12:30, and I bring him back to her at 2pm.

Attorney answers (4)

  1. David Ivan Bliven

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    Contributor Level 20

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    Answered . If there is an allegation of shared custody, then the court will count both awake & asleep hours. Thus, it's not a matter of saying the child's with you for "part of the day" - the actual hours will count in such an analysis. In any event, for a full assessment, please call a Bronx Child Support lawyer for a consultation.

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  2. Jayson Lutzky

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    Answered . School time and sleep time counts. Consult with a local experienced Family Court attorney to help you develop a strategy.

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  3. Michael Niels Bruno

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    Contributor Level 11

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    Answered . Contact an attorney experienced in family law before submitting a petition for a change in child support. Recording the amount of time that you have with the child will be beneficial in your discussions with your attorney and may help in your case. Keep in mind that her attorney will argue that while the child is in school neither of you are providing care. Most importantly - as one of the other responses indicated, your best option is to try to find common ground with the child's mother and work out an agreement outside of court that you can both live with. Legal actions almost always filter down to and impact the child negatively.

  4. Deborah G. Fiss

    Contributor Level 14

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    Answered . In your quest to save bucks, be careful not to put your chid in the middle. Best to consult with an attorney to have a broader view and strategize not so close to the issue.

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