Legal Question in Family Law in California

father was ordered to pay child support of $105 a month. Both father and I (mother) had 50/50 sole and physical custody. From kindergarden through 4th grade child was with mother weekdays and with father on weekends, and 4 weeks of summer break(per oral agreement). From 5 to 6 grade child went to school at fathers and went to mothers on weekends, and 4 weeks of summer break (per oral agreement) Father has never paid any child support and has never paid for any insurance or dental for the child so mother has filed for support and was awarded full custody of child, so support has increased to 700 a month. Father is now seeking a modification of child support and is asking for Jackson Credits to be applied for the 5th and 6th grade years. Can he do that even though the child was with both parents that year or does it go by were the child lived for the school year?


Asked on 1/04/14, 4:58 pm

1 Answer from Attorneys

Neither. Jackson credits are based on the difference between the time share that the original support order was based on and the actual time at each home for any time when the paying parent had the child for more time than the original support order was based on. It is a percentage determination, not an either/or.

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Answered on 1/05/14, 10:52 am


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