Can Jackson Credits be awarded to a non-custodial parent requesting determination of arrears, for support already paid?
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?
3 attorney answers
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.
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.