Child Support Overnight Credit Denied if Recipient's Income is Below Threshhold
Recent Case-Missouri Court of Appeals: Father appeals denial of overnight credit in child support case.
In a judicial action for child support where the non-custodial parent has overnight parenting time with the child(ren), he or she is entitled to an overnight credit based upon the number of overnights per year as provided in the instructions to the Form 14. However, the overnight credit cannot be granted if the income of the receiving parent is under a certain limit, which is based on the number of children. In this case, the minimum income for the custodial parent was $1700 for two children for the overnight credit to apply, and because Mother's income was below this level, Father was entitled to no overnight credit.
Missouri Court of Appeals, Eastern District - ED104179
Under the current law, the overnight credits and custodial parent income limits are as follows:
| Number of Overnights per year | Overnight Credit | ||||
| Less than 36 | 0% | ||||
| 36-72 | 6% | ||||
| 73-91 | 9% | ||||
| 92-109 | 10% | ||||
| 110-115 | 13% | ||||
| 116-119 | 15% | ||||
| 120-125 | 17% | ||||
| 126-130 | 20% | ||||
| 131-136 | 23% | ||||
| 137-141 | 25% | ||||
| 142-147 | 27% | ||||
| 148-152 | 28% | ||||
| 153-158 | 29% | ||||
| 159-164 | 30% | ||||
| 165-170 | 31% | ||||
| 171-175 | 32% | ||||
| 176-180 | 33% | ||||
| 181-183 | 34% |
Minimum income limits for the custodial parent in order for the above credits to apply:
| 1 child | 2 children | 3 children | 4 children | 5 children | 6 children |
| $1,400 | $1,700 | $1,900 | $2,100 | $2,350 | $2,550 |
Mark A. Wortman
