Q: In my divorce case I wasn't given credit for overnight visitation on Form 14.
My attorney told me the Judge doesn't give credit for overnight visitation. This would have lowered my support by $599.00. Is what the attorney told me true?
A: There are situations in which the overnight visitation credit may be rebutted or not given. For example, the overnight visitation credit will not be allowed (with certain exceptions) unless the adjusted monthly gross income of the parent receiving support exceeds a minimum set amount of income. Also the line 11 credit can be lowered if the parent paying support doesn't actually exercise the overnight visitation or custody or doesn't incur significant expenses as a result of exercising the overnight periods. It is possible that your attorney was saying the judge doesn't give credit for overnight visitation given your facts, but without knowing all of the relevant facts it would be impossible to determine what is true. It may be helpful to ask your attorney to explain his or her comment. All the best!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
