Legal Question in Family Law in Indiana

In ex and I (not married) lived together off and on through out 2012-2013. He gets credit for 81-85 overnights on the Support Order. We have stayed at his home approximately 6 weeks in 2013.

Now that we are separated, he is barely making 1 overnight a week on average due to his work schedule. I told him i was planning to revise support as I'm paying out more work related daycare, he said it doesn't matter..Going forward, unless I am there he can't make his obligation.

he's saying he already met his overnights....If I was in his home, caring for our son while he was gone overnight for work, how would he get credit for all of those overnights and not I when I was primary caregiver....

Asked on 8/26/13, 10:37 am

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I suggest that you read the Indiana Child Support guidelines for an explanation of the basis for the overnight credit. The purpose of the overnight credit is based on costs associated with the overnight stay,. Unless you are incurring costs for the overnights when you are at his house with the child, there is no reason based on the information provided why he should not be allowed the credit

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Answered on 8/26/13, 11:48 am

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