Joint custody, father makes a little more than the mother. Father has kids 110 days, so there is an adjustment percentage of 1-50% on the child support he's going to pay. Currently set at $562/month for two kids. Who determines the percentage adjustment /credit?
There are several factors that go into calculation of child support. First, the gross incomes of both parties. The number of children, daycare expenses, health insurance premiums for the children and number of overnights. There may be other factors depending upon the circumstances of the parties. The figures are plugged into the form 14 presumed child support amount calculation worksheet. The percentage adjustment can vary depending on the Judge and depending on the circumstances of the case. Simply because it is a joint custody plan does not mean that there would be no child support. It is impossible to calculate the child support based upon the limited information in the question. It would be advisable to contact an attorney to properly calculate the child support. Typically, a lawyer familiar with the Judge and the jurisdiction can calculate a figure from the form 14.
Please contact counsel to explain Rule 88.01 and the Form 14 as there are other factors that cannot be fully addressed here. Good luck.
Some questions can be answered easily on AVVO. Others, not so much. You really need to talk to a lawyer in person about this child support issue.
This response is only a basic answer to your question and is not intended to be legal advise. It is your job to hire an attorney and to discuss the specifics of this question with him or her. I am not giving you specific legal advise and there is no attorney-client relationship created by my answer to your question. The choice of an attorney is an important decision that you must make and that choice should not be made upon adverting alone.
Every Judge may calculate the visitation credit a bit differently. The visitation credit for 110 overnights per year would likely be somewhere between 10%-20% depending on your county and your judge. I should schedule an appointment with an experienced family court attorney in the county where the case is pending to ask how the Form 14 visitation credit is determined in your county, and by your Judge. Many attorneys will offer a free (or reduced rate) consultation, which should help you determine how to proceed.
The specific facts are different in each individual case, my response it provided for general, informational purposes only and should be be construed as specific advice directed to any individual person. Since I have not had the opportunity to review all the specific facts, and any supporting or explanatory documents in this matter, this general opinion should be be relied upon in your specific case. This communication is not intended to create an attorney client relationship with any specific person, and should not be construed to create an attorney client relationship by any individual.
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