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What Impact does the Number of Overnights have on Child Support?

The Court has the discretion to deviate (upward or downward) from the presumptive child support calculation if it is determined that the presumptive child support calculation is unjust, inappropriate or not in the best interests of the minor children.


Pursuant to the revised child support statute that went into effect in March 2019, the new law provides additional guidance for how the Court should reduce child support obligations based on the number of overnights that an Obligor exercises with the child(ren) each year.


The law appears to create a somewhat rigid three step approach based on an Obligor’s annual number of overnights exercised:


Pursuant to the revised child support statute that went into effect in March 2019, the new law provides additional guidance for how the Court should reduce child support obligationsbased on the number of overnights that an Obligor exercises with the child(ren) each year.

  • Step One: 0-89 Overnights – The Court is not required to consider a deviation based on parenting time.

  • Step Two: 90-146 Overnights – A ten percent (10%) downward deviation will automatically be granted for parenting time that exceeds 90 overnights. The Court is not required to further consider a downward deviation based on parenting time but may do so at its discretion without issuing a finding of fact.

  • Step Three: 147+ Overnights – A ten percent (10%) downward deviation will automatically be granted for parenting time that exceeds 90 overnights. Additionally, the Court may issue a further downward deviation for parenting time in excess of 147 overnights. If the Court declines a further deviation, the Court is required to issue a finding of fact that a deviation should not be granted.

If you are requesting or defending a deviation of child support, you need an attorney who not only understands the new child support law but who also has knowledge of the manner in which the local Judges and Magistrates in Butler and Warren counties are interpreting these factors. Contact Christopher M. Alexander at (513) 228 – 1100, mobile (513) 226 – 8489, or online at Chris@awklegal.com.

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