Child Support Decision Remanded

Prior results do not guarantee a similar outcome.

JULY 2013

The firm was successful in remanding a Decision and Order rendered by Support Magistrate in failing to order child support for two children to parents who shared joint legal custody but where the mother had primary physical custody. The SM reasoned that both parents had similar quality time with the children and that the Mother earned more than the father, therefore support was not warranted. However, after Mother filed Objections, the Family Court Judge issued a Decision remanding the case back to SM for a calculation of child support, reasoning that quality time does not change the fact that Mother is the physical custodian of the children, where the children spend 90 hours more with Mother then they do with Father during every two week period.