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!
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