SPARC Forums

My agreement reads as follows:


"It is further ordered and adjudged that should parenting time with the minor child be modified to provide for the child to reside with each party for alternating one week intervals as provided in this judgment of divorce when both Plaintiff and defendant reside in the XXXXXX community area with each party having equal parenting time, then for a period of three years beginning with entry of this Judgment, Defendant's child support obligation shall be reduced to not less than 200.00 per week or 80% of the Friend of the Court Guidelines amount as calculated based upon Defendant's income and sole physical custody to plaintiff, whichever Child Support amount is greater; however. Defendant's child support obligation shall not be reduced to less than $200 per week during the three year period beginning with entry of this judgment."


1. The Friend of the Court Guidelines in my case is 209.20 per week.
2. 80% of the above amount is 167.38.

A. So, based on the provisions in the stipulated agreement and the amounts provided in (1) and (2), how much do you think I should pay per week? (alternating weekly custody is in effect and recogzied by the FOC in a Court Order oredring alternating weekly custody).

$209.20 is the greater amount, and is greater than $200, therefore $209.20 is the amount that you must pay.

 209.20 represents the Guidleline amount without any reduction for the new circumstances. It is the Guideline amount that would result if calculated "straight." If what you say is correct, then this provision in the agreement is meaningless. It results in no reduction whatsoever from the guidleine amount. About 85% of people I have posed this question to have said it is 200.00.

1)Where does the 200.00 come in?

2)Isn't the choice between 80% of the Guideline amount or 200.00, whichever is greater. It does not appear that the language opens the door to even use the full guideline amount.

> 209.20 represents the Guidleline amount without any
>reduction for the new circumstances. It is the Guideline
>amount that would result if calculated "straight." If what you
>say is correct, then this provision in the agreement is
>meaningless. It results in no reduction whatsoever from the
>guidleine amount. About 85% of people I have posed this
>question to have said it is 200.00.
>
>1)Where does the 200.00 come in?
>
>2)Isn't the choice between 80% of the Guideline amount or
>200.00, whichever is greater. It does not appear that the
>language opens the door to even use the full guideline
>amount.

I stand/sit corrected. If 80% of the guideline is less than $200, then you will pay $200. My apologies.