father's residential credit

[luvisabattle]

What is the name of your state (only U.S. law)? washington

my child support order is being modified and I received notice that the father is requesting residential credit. They are asking for a response from me on my position regarding his request. He has our daughter for 100 to 110 days a year.

What should I put as my response?

 

[Gracie3787]

What is the name of your state (only U.S. law)? washington

my child support order is being modified and I received notice that the father is requesting residential credit. They are asking for a response from me on my position regarding his request. He has our daughter for 100 to 110 days a year.

What should I put as my response?

Your response should be either you agree to the request, or you disagree with the request.

 

[LdiJ]

What is the name of your state (only U.S. law)? washington

my child support order is being modified and I received notice that the father is requesting residential credit. They are asking for a response from me on my position regarding his request. He has our daughter for 100 to 110 days a year.

What should I put as my response?

What does the WA CS laws say about residential credit? At what point does a parent receive that? If he is at that point, then you should not disagree. If he is not at that point, then you should disagree.

 

[stealth2]

The threshold is 25% of overnights.

 

[LdiJ]

The threshold is 25% of overnights.

100 to 110 overnights is definitely more than 25% of 365. So he should be entitled to the credit.

 

[luvisabattle]

We are in the process of modifiying the parenting plan one of the items he would like to change is having a weeknight overnight that I'm not agreeing to, and there are issues with his pick-ups and drop offs (not showing and/or very late) which happen at school on Fridays and Mondays. His lawyer's calculations on the days for the credit are not accurate and are about to change anyway - what would the court say in this case?

Thanks for your help!

 

[stealth2]

We are in the process of modifiying the parenting plan one of the items he would like to change is having a weeknight overnight that I'm not agreeing to, and there are issues with his pick-ups and drop offs (not showing and/or very late) which happen at school on Fridays and Mondays. His lawyer's calculations on the days for the credit are not accurate and are about to change anyway - what would the court say in this case?

Thanks for your help!

I seriously doubt anyone here is going to guess what the judge would say.

 

[luvisabattle]

I'm just looking for advice, how about an educated guess - what you think the court might say?

 

[LdiJ]

I'm just looking for advice, how about an educated guess - what you think the court might say?

If you can prove that he traditionally does not use all of his parenting time, and in fact generally uses less that the 25% threshold, then you can certainly argue against him receiving the credit.

How big is the credit? Does it make that much difference? It would in my state, but I know that in other's it makes less difference.

 

[luvisabattle]

$288.75

I was told by someone who is in law school (so I'm not sure if it's correct) that if the parenting plan is being modified the court probably wont consider the credit. 91 days is 25% that's 9 days less than what he has now, that doesnt seem like a big enough difference.

PS - He's a com pilot and rarely there for his residential time with our daughter, I think that should count for something. Also her relationship with her step-mom (who she's with 90% of the time) is not going well anymore, and our daughter begs me not to make her go to their home....

 

[stealth2]

$288.75

I was told by someone who is in law school (so I'm not sure if it's correct) that if the parenting plan is being modified the court probably wont consider the credit. 91 days is 25% that's 9 days less than what he has now, that doesnt seem like a big enough difference.

Yet the law says that it IS! How hard is that to understand?