SPARC Forums

I am a second shifter and don't get home until 11:30 at night.  Despite having 8 hours per day with my son, I was ordered to pay full support due to the fact I couldn't have the required "overnights" because of my shift.  According to statistics, 15.2 million Americans work other than traditional 9-5 jobs.  Reading the MIchigan Child Support Formula Manual revision effective 10/04 the formula continues to count Overnights as the basis for child support.  I am seeking to fight the board and request any information that can help me to convince them that children cost the most when they are awake.  My son doesn't cost anything while he is sleeping,, unless a quick trip to wallgreens in the middle of the night.  

Except for the cost of housing him and keeping him warm/cool.

But you're absolutely right..........it certainly sounds discriminatory, because you're being financially punished JUST because you work a different shift than most people do.  They should be going by overall time spent, not whether the child spends the night or not.

Child support statutes that calculate by overnights are common.  Wisconsin is also such a state.  However, these guidelines are nothing more than guidelines.  that means they can be rebutted if you can demonstrate by a "preponderanceof evidence" that theree is another more fair method to calculate time.

If you can show clearly costs, you have a decent challenge.  I think overnight based statutes should be challenged and do so regularly.