My ex has calculated that I have 72 calender overnights for year 1, 77 calender overnights for year 2, and 72 calender overnights for the third year. My attorney says that even if that were correct, and we have calculated more, my average would be over 20%. My ex and his attorney claim that this is proof that it is under 20% an "average" of 72. How do the courts generally decide if the judge goes with his numbers, the lowest calculation?
Landlord / Tenant Lawyer
The overnight amounts are calculated per year, The amounts that you provided average out to 73.67 overnights per year (Just over 20%). Therefore, I would certainly make the argument that you meet the 20% threshold for a lower child support amount under the Florida Child Support Guidelines.
You should contact an attorney to discuss this issue and ensure that you are not ordered to pay a higher child support than the law requires.
Family Law Attorney
The court will go with the average amount of overnights. Under current law over 20% of the overnights reduces the support you have to pay a little bit.