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Child Support Credit for Overnights Mandatory

Recent case: A. Harris vs. G Harris, Missouri Court of Appeals, Eastern District - ED99276

Father appeals the trial court’s judgment and decree of dissolution of marriage. Father claims the trial court erred in calculating Father’s child support obligation because Father was entitled to an adjustment for overnight visitation.


The Supreme Court has held that, where the paying parent has custody or visitation of the child between 92 and 109 days per year, the trial court must make a ten percent adjustment in the child support obligation.

Additionally, where the paying parent has custody or visitation of the child for more than 109 days per year, he or she may receive an adjustment of over ten percent, up to the discretion of the trial court.

Because Father has visitation with the parties’ son for more than 109 days per year, the trial court abused its discretion in failing to adjust Father’s child support obligation by at least 10 percent.

Mandatory child support overnight credit chart:

Number of overnights/year                            Credit

Less than 36                                                    0%

36-72                                                               6%

73-91                                                               9%

92-109                                                             10%

Over 109                                                         Courts discretion up to 50%

Mark A. Wortman

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Kansas City family law attorney Mark A. Wortman handles only divorce and family law matters, and practices only in the State of Missouri. Due to this specialty, Mark has handled thousands of Missouri divorce and family cases and has practiced extensi… Read More