Miller & Associates, Attorneys LLP
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Focused on reducing the emotional and financial toll to your family.

Offering divorce and family law options to fit
your needs, and focused on reducing the emotional
and financial toll to your family.

Calculating Child Timeshare during a Sacramento Divorce

Are you questioning the percentage timeshare the court used for your child support order? As a Sacramento Divorce attorney, I often times see the court having to guess as to what the actual timeshare is with mother and father when they cannot agree. The timeshare is necessary in computing an accurate child support order in your Sacramento child support case in the family law courts. Typically parties can agree on what the timeshare shall be since there is a mediation report adopted by the family law court and the parties follow the custody orders.

Sometimes Sacramento divorce litigants will be in court for a child support hearing and will either not have custody orders in place, or one parent is not following the child custody and visitation orders. In such a case, one party will likely make the argument that the timeshare should be lower for the non-custodial parent, which increases the child support for the supported party. As stated in Marriage of Katzberg, the courts have discretion in determining the percentage of “primary physical responsibility” (time-sharing) to be imputed to each parent. The time-sharing adjustment is based on the parties’ respective periods of primary physical “responsibility” for the children rather than physical “custody.” So if dad has visitation on the weekends but the child is out with his or her friends, at an event, or spending the night at a friend’s house, dad still has custody and he should get this timeshare for purposes of calculating child support.

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Miller & Associates, Attorneys LLP
Miller & Associates, Attorneys LLP
6542 Lonetree Boulevard
Rocklin, CA 95765

Phone: 916-780-0848 
Fax: 916-780-0787
Miller & Associates, Attorneys LLP
2280 E. Bidwell Street, Suite 204
Folsom, CA 95630

Phone: 916-365-4941 
Fax: 916-780-0787

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