Friday, March 17, 2006

Case Law Development: Child Support Adjustments Based on Percentage of Residential Time Applies only to Parents Actively Exercising Overnight Visitation

The Florida Court of Appeals affirmed a trial court's award of child support based on the actual time the non-custodial parent exercised visitation rather than the time agreed to in the parenting plan.  Florida statutes provides an adjustment to child support in situations in which children spend more than forty percent of their time with one parent.   Here, Father had the right to alternate weekend visitation beginning on Thursdays (which, combined with other visitation would have amounted to more than 40 percent), but in fact only took the children beginning on Fridays.  The court held that the trial court acted properly in calculating Father's child support without applying the 40 percent adjustment because that rule only applies to parents actively exercising overnight visitation for forty percent of the nights of the year, rather than parents simply having that entitlement.

Font v. Mastrapa-Font, 2006 Fla. App. LEXIS 3553 (March 15, 2006)
Opinion on the web  (last visited March 17, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/03/case_law_develo_24.html

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