Florida CS question....

[stepmom23]

Anyone know if there is a Florida statute that if visitation is more than a certain number of consecutive days in one month, then CS to be reduced.  Example: If summer visitation with NCP is more than 21 days in one month, then CS to be reduced by 50% for that month.

I know 2 different people who were divorced in Florida and both have this in their DD.  Neither of them can remember, however, if this was a statute or something the attorneys asked for.  

Thanks in advance.

[Ref]

I believe prior to 1999 in was a reduction of 50% of child support if the child spends 28 consecutive days.

It seems there was a change that made this more discretionary for the judge. Apparently the law prior to 1999 conflicted with a federal law that stated that the child should have consistent and regular payments.

I hope you find more info

Take care
ref

[leon]

actualy that is correct what the federal law says, but only to an extent, the federal law actually says the basis of child support is dependant upon the time of absence that the NCP is away from the child, and that has been upheld in many federal and state court ruleings. As far as discretionary practices or interpretation by the judge, yeah he or she is going to do that because there bound by contract to perform in the favor of the Administrative state for the collection of revenue for which they get encentives and kickbacks for. Isnt it nice to know that youre judge was not independant and was bound by contract outside of the constitution, and he or she and youre lawyer didn't disclose that to you. All the information you ever need is in 45 cfr's (code of Federal Regulations) with some in 26 USC (United States Code) there is where you will see alot of difference between what the indivdual states are doing and what congress had intended, even though the states are bound by the federal regulations they stray away from them and the courts in the indivdual states, bound by contract let them, since most people dont know that they are being wronged, (its called interpretation) which varys for each individual interpreting it. They gotta make there quotas or there penalized.

[POC]

Ch. 61.30 no longer provides for such deviations. Prior to 4 years ago it allowed for deviations for either "temporary or permanent" periods of "substantial" time at the NRP home. The chapter was amended to define substantial time at 146 or more overnights at the NRP home out of the calendar year. The chapter is due to change this coming Session. I posted it under visitation, as visi will be greatly affected too.

Stay tuned...