Q: Do I use the gross up method if the non majority parent doesn’t exercise his 20% overnight visits?
He voluntarily moved out of state and says the gross up method doesn’t apply to our situation since he chooses not to exercise his 20% of overnights
A:
Your question is confusing. Gross up is when the tables go through calculations twice to determine child support. Once for the child's basic needs, and the second time for a "gross up" of additional needs from spending extra time with the second parent. The gross up calculation usually leads the second parent to pay less child support. Therefore if the father is not actually exercising his timesharing, the gross up should not be used as he will likely pay more in support without it.
Hope that helps! Good luck!
A: If you are modifying child support and can prove to the court or child support hearing officer that you the father is not exercising timesharing according to the court-ordered parenting plan, you should present to the court a child support guidelines worksheet that proposes child support based on the actual number of overnights dad spends with the minor child. There is no absolute answer for many family law issues, but if the financial burden falls on you as a hard-working parent, consider presenting your case in the light most favorable to you for your child's benefit.
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