Settlement on custody and support is being offered by dad. Dad is higher income parent and would have 43% of parenting time under proposed settlement. Mom is lower income parent and would have 57% of parenting time. I would like to know which support calculation would be used; (1)1/3 of time with less time parent, (2)1/3 to 1/2 of time with less time parent, or (3) 50/50 support guidelines.
The Massachusetts Child Support Guidelines calculations are based on physical custody. Parenting time is not necessarily the same as physical custody. Therefore, the only way to accurately answer you question is to know if the parents have joint legal custody? If there is joint legal custody, it would be 50/50 in the support guidelines. I suggest that you seek a consultation with an attorney on this issue if you haven't done so already.
Best of Luck,
Karen D. Lane, Esq.
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The answer is option #2 since it is less than 50% of the time. Good luck.
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You can agree to almost any split. With custody, the split would be based upon 2/3-1/3 custody unless the parties agree otherwise or there is a true split in time. Either party can argue for a deviation based on many different factors but the judge will have discretion. Legal custody does not affect child support as a rule as physical custody is the determining factor.
No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
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