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The ANTI- Sherman v. Daly Amendment

On Behalf of | Oct 8, 2014 | Family Law, Uncategorized

From 2011 until May 12, 2014, when parents exercised an informal parenting plan (specifically if a judge had not ordered a detailed parenting plan), the paying parent was not given credit in the child support calculation for their time sharing. Child support is based on how many overnights each parent has monthly, hence the more overnights the paying parent exercises, the lower his child support. Prior to the ruling in Sherman v. Daly, courts, more specifically the Department of Revenue child support courts, would consider the informal parenting arrangements when the parties agreed it was exercised. AFter Daly, the hearing officers and Judges no longer had that discretion. I am happy to report that the legislature has corrected the problem by amending the statute to allow child support to be based on a time sharing arrangement as exercised by the parents.