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I have Majority Timesharing. Why Am I Paying Child Support?
That’s a good question. The answer lies in the factors upon which child support is calculated in Florida. Although many factors go into the determination of who pays child support and how much, the two primary considerations are (1) the relative incomes of the parents and (2) the relative number of overnights each parent has the children.
Thus, if the parents’ incomes are relatively equal, and they split the number of overnights 50-50, then generally neither parent will owe child support to the other. If the incomes are relatively equal, but one parent has more overnights than the other, then the parent with more overnights will generally receive child support from the other parent. If the overnights are split 50-50, but one parent has greater income than the other, then the parent with greater income will generally owe child support to the other parent.
There are situations, however, where one parent’s income is so much greater than the other parent’s income, that the parent with greater income will still end up owing child support to the lesser income parent even though the parent with greater income has the majority of the overnights! The reason is because the relative difference in the parents’ incomes overcomes the relative difference in each parent’s number of overnights.
On the flip side, there are situations where the greater income parent has so many more overnights than the lesser income parent, that the lesser income parent will still end up owing child support. This is because the relative difference in the number of overnights each parent has overcomes the relative difference in their income levels.
These are very fact-intensive issues, and all the factors must be evaluated on a case-by-case basis. It is always a good idea to seek out the advice of an attorney who practices this area of law to learn what your rights are -- for both you and your children!
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