Lets say support is $100/child for 3 children, from parent A to parent B based on 50/50 custody. One child experiences trauma/verbal abuse/etc and moves in with parent A in January. Jan-Jun, Parent A continues to pay $300/mo. Jul-Aug, parent A stops paying support and tries to negotiate, B refuses to modify. Sep 1 parent *A* files for a support modification AND determination of arrears.
Simple arrears Jul-Aug a=$600 due Parent B. Terminology: Parent A is the non-custodial parent in the child support issue? Possible Jackson credits: overpayment of $100/mo Jan-Jun oo=$600? Or is the court limited to considering only the Jul-Aug that generated the arrears o=$200? Can the court consider expenses over and above the $100/mo allocated for that one child for any of these periods? E.g. Parent A spends $200/mo on the child. That’s Jan-Jun xx=$1200, and Jul-Aug x=$400?
Parent A could:
Owe $0: oo>a-o?
Due $200: a-oo?
Owe $400: a-o?
Due $800: xx-(a-o)?
Owe $200: a-x?
x & xx probably not but the rest?
This is just a teensy bit beyond the scope of this free Q&A board.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
With going into details on the math, if the payor parent has custody, then can request Jackson Credits.
I don't sanction use of abbreviations or appellate opinion names here. If you want to use such names I'll hold you to knowing the answer. During the time that the payor parent has custody of a child that parent is deemed to be supporting the child; however, the complexities of the child support formula and the evidence might require some child support even where the other parent has little or no visitation, but certainly would require less support than the support awarded based on the supported parent exercising some custody/visitation.
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