Split custody and parenting time

Asked over 4 years ago - Portland, OR

My wife left 11 months ago with our two youngest children, leaving our oldest here with me. She filed for divorce a couple of weeks ago and in some of the papers makes it clear that she has the younger children and I have the oldest, but when it came to figuring out child support she negated all parenting time figurings. From my my understanding, we have split custody...and should each have a specific percentage of time. Am I incorrect? The conclusion she comes to makes it seem as though i'm paying her child support for a child that lives with me 81% of the time. It ends up being a financial sum I could never afford to pay.

Attorney answers (3)

  1. Daniel S Margolin

    Contributor Level 12
    Best Answer
    chosen by asker

    Answered . You are absolutely correct. The Oregon Child Support Guidelines bases child support in part on the percentage of parenting time that each parent has with the children. The child support award is a class award, which means that it is not broken apart for the different children. There is only one award for all the children together. It is likely that her having two children with her would offset your having the one child with you. The new child support calculator can be confusing and it is in your best interest to have a consultation with an attorney.

  2. Mark Kramer

    Contributor Level 13

    Answered . Your raise important issues that involve custody, parenting time, child support (and other issues - like tax exemptions). You should meet with an experienced family law attorney as soon as possilbe. A response to the petition is due within 30 days of when you were served. Child support is based (presumptively) on a formula that considers the overnights spent with each parent for each child, so you are right, that (if you have split custody), the time with the child in your case should be considered.

    Mark Kramer
    Kramer & Associates

  3. Theodore W. Robinson

    Contributor Level 20

    Answered . While child support rarely takes into consideration how much time each parent actually has the child and rarely reduces child support due to that issue, in this instance, if you are spending that much time with the child, then there should be an equal offset between the two of you and nobody should pay child support to the other.

    Check with your lawyer on this one.

    Good luck.

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