NJSBA Family Law Section

Good morning:

Assume weekend parenting time for the PAR is alternate weekends from Saturday at noon through Sunday at 4 PM.

Is it correct that since the PAR has more than 24 consecutive hours, the parenting time for support credit purposes is 52 overnights, even though there is only one actual "overnight" every other weekend?

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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
------------------------------

"Overnights" in the guidelines do not literally mean overnight. See Appendix IX-A, part 13: "Overnight means the majority of a 24-hour day (i.e. more than 12 hours)."

------------------------------

Michael Conte Esquire

Ulrichsen Rosen & Freed LLC

Pennington NJ

(609)730-3850

------------------------------


Original Message:
Sent: 02-13-2015 11:09
From: Robert Goldstein
Subject: Calculation of overnights for parenting time child support credit

Good morning:

Assume weekend parenting time for the PAR is alternate weekends from Saturday at noon through Sunday at 4 PM.

Is it correct that since the PAR has more than 24 consecutive hours, the parenting time for support credit purposes is 52 overnights, even though there is only one actual "overnight" every other weekend?

------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
------------------------------

Michael:

Thank you. I understand what the appendix says. I am just trying to confirm that a calculation of 52 overnights is correct in doing the child support guidelines when the PAR has the child on alternate weekends from Saturday at noon through Sunday at 4 PM.

------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
------------------------------


Original Message:
Sent: 02-13-2015 11:15
From: Michael Conte
Subject: Calculation of overnights for parenting time child support credit

"Overnights" in the guidelines do not literally mean overnight. See Appendix IX-A, part 13: "Overnight means the majority of a 24-hour day (i.e. more than 12 hours)."

------------------------------

Michael Conte Esquire

Ulrichsen Rosen & Freed LLC

Pennington NJ

(609)730-3850

------------------------------

Good morning:

Assume weekend parenting time for the PAR is alternate weekends from Saturday at noon through Sunday at 4 PM.

Is it correct that since the PAR has more than 24 consecutive hours, the parenting time for support credit purposes is 52 overnights, even though there is only one actual "overnight" every other weekend?

------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
------------------------------

Good morning:

Assume weekend parenting time for the PAR is alternate weekends from Saturday at noon through Sunday at 4 PM.

Is it correct that since the PAR has more than 24 consecutive hours, the parenting time for support credit purposes is 52 overnights, even though there is only one actual "overnight" every other weekend?

------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
------------------------------

I don't see any way that the PAR gets credit for 52 overnights per year if he has the kids on alternate weekends for a total of 28 hours.

The period from Sat at noon until Sunday at 11:59 am is the "majority of a 24-hour day (more than 12 hours)" [there is the credit for one overnight] and the period from Sunday at noon until Sunday at 4:00 p.m. is the "minority" of a 24-hour day.

Flip it and look at the reasoning as it applies to the PPR: If s/he has the kids for the remainder of the 2-week period, s/he can't get "credit" for 2 overnights for the period from Tuesday at noon until Wednesday at 4:00 p.m. and another credit for 2 overnights from Wednesday at 4 pm until Thursday at 8 pm. 

------------------------------
Lisa M. Radell, Esq.
207 South Main Street
Cape May Court House, NJ 08210
Phone (609) 465-9910
Fax (609) 465-9920
E-Mail [email protected]
------------------------------


Original Message:
Sent: 02-13-2015 11:45
From: Philip Burnham
Subject: Calculation of overnights for parenting time child support credit

Robert,

Yes that is correct. Though there is footnote in the guidelines that you can make an argument for "overnights" if the parent has the child for 12 or more hours.

Philip S. Burnham, II, Esquire*
Burnham Law Group, LLC
8000 Sagemore Drive - Suite 8303
Marlton, NJ 08053
(856) 751-5505
Fax: (856) 751-5516
[email protected]<mailto:[email protected]>
www.burnhamlawgroup.com<http: www.burnhamlawgroup.com="">
*Member, NJ PA & DC Bars

CONFIDENTIALITY NOTICE: This email transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying or distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please notify us by reply e-mail or by telephone and destroy the original transmission and its attachments without reading them or saving them to disk.

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I don't see any way that the PAR gets credit for 52 overnights per year if he has the kids on alternate weekends for a total of 28 hours.

The period from Sat at noon until Sunday at 11:59 am is the "majority of a 24-hour day (more than 12 hours)" [there is the credit for one overnight] and the period from Sunday at noon until Sunday at 4:00 p.m. is the "minority" of a 24-hour day.

Flip it and look at the reasoning as it applies to the PPR: If s/he has the kids for the remainder of the 2-week period, s/he can't get "credit" for 2 overnights for the period from Tuesday at noon until Wednesday at 4:00 p.m. and another credit for 2 overnights from Wednesday at 4 pm until Thursday at 8 pm. 

------------------------------
Lisa M. Radell, Esq.
207 South Main Street
Cape May Court House, NJ 08210
Phone (609) 465-9910
Fax (609) 465-9920
E-Mail [email protected]
------------------------------


Original Message:
Sent: 02-13-2015 11:45
From: Philip Burnham
Subject: Calculation of overnights for parenting time child support credit

Robert,

Yes that is correct. Though there is footnote in the guidelines that you can make an argument for "overnights" if the parent has the child for 12 or more hours.

Philip S. Burnham, II, Esquire*
Burnham Law Group, LLC
8000 Sagemore Drive - Suite 8303
Marlton, NJ 08053
(856) 751-5505
Fax: (856) 751-5516
[email protected]<mailto:[email protected]>
www.burnhamlawgroup.com<http: www.burnhamlawgroup.com="">
*Member, NJ PA & DC Bars

CONFIDENTIALITY NOTICE: This email transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying or distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please notify us by reply e-mail or by telephone and destroy the original transmission and its attachments without reading them or saving them to disk.

Additionally, this e-mail transmission cannot be guaranteed to be secure or error free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors, omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version.






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A very well-respected former PJ in the family Division contacted me and advised that a credit for 26 overnights was the proper calculation, mainly for the reasons expressed by Jodi Argentino the other day.

 Just to be clear, the actual parenting time in my original post is alternate weekends from Saturday at 12 noon overnight until Sunday at 4 P.M.

------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
------------------------------


Original Message:
Sent: 02-17-2015 16:07
From: Stephen Browndorf
Subject: Calculation of overnights for parenting time child support credit

I would give him credit for 52 overnights in a child support calculation. He not only has the 12 hours or more of both Saturday and Sunday. He also has the majority of the daily tasks for the children each day, i.e. 2 meals, entertainment and transportation as opposed to mother's responsibility for possibly one meal and either waking up or putting children to bed on those Saturdays & Sundays. IMHO

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Stephen Browndorf Esq.
Northfield NJ
(609)646-5010
------------------------------


Original Message:
Sent: 02-14-2015 10:35
From: Lisa Radell
Subject: Calculation of overnights for parenting time child support credit

I don't see any way that the PAR gets credit for 52 overnights per year if he has the kids on alternate weekends for a total of 28 hours.

The period from Sat at noon until Sunday at 11:59 am is the "majority of a 24-hour day (more than 12 hours)" [there is the credit for one overnight] and the period from Sunday at noon until Sunday at 4:00 p.m. is the "minority" of a 24-hour day.

Flip it and look at the reasoning as it applies to the PPR: If s/he has the kids for the remainder of the 2-week period, s/he can't get "credit" for 2 overnights for the period from Tuesday at noon until Wednesday at 4:00 p.m. and another credit for 2 overnights from Wednesday at 4 pm until Thursday at 8 pm. 

------------------------------
Lisa M. Radell, Esq.
207 South Main Street
Cape May Court House, NJ 08210
Phone (609) 465-9910
Fax (609) 465-9920
E-Mail [email protected]
------------------------------


Original Message:
Sent: 02-13-2015 11:45
From: Philip Burnham
Subject: Calculation of overnights for parenting time child support credit

Robert,

Yes that is correct. Though there is footnote in the guidelines that you can make an argument for "overnights" if the parent has the child for 12 or more hours.

Philip S. Burnham, II, Esquire*
Burnham Law Group, LLC
8000 Sagemore Drive - Suite 8303
Marlton, NJ 08053
(856) 751-5505
Fax: (856) 751-5516
[email protected]<mailto:[email protected]>
www.burnhamlawgroup.com<http: www.burnhamlawgroup.com="">
*Member, NJ PA & DC Bars

CONFIDENTIALITY NOTICE: This email transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying or distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please notify us by reply e-mail or by telephone and destroy the original transmission and its attachments without reading them or saving them to disk.

Additionally, this e-mail transmission cannot be guaranteed to be secure or error free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors, omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version.






</http:></mailto:[email protected]>

I don't see any way that the PAR gets credit for 52 overnights per year if he has the kids on alternate weekends for a total of 28 hours.

The period from Sat at noon until Sunday at 11:59 am is the "majority of a 24-hour day (more than 12 hours)" [there is the credit for one overnight] and the period from Sunday at noon until Sunday at 4:00 p.m. is the "minority" of a 24-hour day.

Flip it and look at the reasoning as it applies to the PPR: If s/he has the kids for the remainder of the 2-week period, s/he can't get "credit" for 2 overnights for the period from Tuesday at noon until Wednesday at 4:00 p.m. and another credit for 2 overnights from Wednesday at 4 pm until Thursday at 8 pm. 

------------------------------
Lisa M. Radell, Esq.
207 South Main Street
Cape May Court House, NJ 08210
Phone (609) 465-9910
Fax (609) 465-9920
E-Mail [email protected]
------------------------------


Original Message:
Sent: 02-13-2015 11:45
From: Philip Burnham
Subject: Calculation of overnights for parenting time child support credit

Robert,

Yes that is correct. Though there is footnote in the guidelines that you can make an argument for "overnights" if the parent has the child for 12 or more hours.

Philip S. Burnham, II, Esquire*
Burnham Law Group, LLC
8000 Sagemore Drive - Suite 8303
Marlton, NJ 08053
(856) 751-5505
Fax: (856) 751-5516
[email protected]<mailto:[email protected]>
www.burnhamlawgroup.com<http: www.burnhamlawgroup.com="">
*Member, NJ PA & DC Bars

CONFIDENTIALITY NOTICE: This email transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying or distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please notify us by reply e-mail or by telephone and destroy the original transmission and its attachments without reading them or saving them to disk.

Additionally, this e-mail transmission cannot be guaranteed to be secure or error free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors, omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version.






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