Father appeals the trial court’s judgment and decree of dissolution of marriage. Father claims the trial court erred in calculating Father’s child support obligation because Father was entitled to an adjustment for overnight visitation.
REVERSED AND REMANDED.
The Supreme Court has held that, where the paying parent has custody or visitation of the child between 92 and 109 days per year, the trial court must make a ten percent adjustment in the child support obligation.
Additionally, where the paying parent has custody or visitation of the child for more than 109 days per year, he or she may receive an adjustment of over ten percent, up to the discretion of the trial court.
Because Father has visitation with the parties’ son for more than 109 days per year, the trial court abused its discretion in failing to adjust Father’s child support obligation by at least 10 percent.
Mandatory child support overnight credit chart:
Number of overnights/year Credit
Less than 36 0%
Over 109 Courts discretion up to 50%