Legal Definitions - visitation credit

Visitation credit refers to a reduction in the amount of child support a parent is required to pay. This adjustment is made when the child spends a significant amount of time living with the parent who pays support (often referred to as the "noncustodial" parent). The purpose of a visitation credit is to acknowledge that when a child spends more overnights with the paying parent, that parent is directly covering a greater share of the child's daily expenses, such as food, housing, and utilities, during those periods.

Here are a few examples to illustrate how visitation credit works:

• Example 1: Extended Summer and Holiday Stays

  Maria and Robert are divorced, and their two children live primarily with Maria. Robert pays child support. However, their custody agreement specifies that the children spend six weeks with Robert every summer, two weeks during winter break, and one week during spring break. During these extended periods, Robert is fully responsible for the children's daily needs.

  How it illustrates the term: Because the children spend a substantial number of overnights with Robert throughout the year, he is directly incurring costs for their food, shelter, and activities during those times. A court would likely grant Robert a visitation credit, reducing his monthly child support payment to Maria. This credit reflects his direct financial contribution to the children's upbringing during his visitation time.

• Example 2: Near Equal Parenting Time with Income Disparity

  Sarah and David share physical custody of their daughter, Lily, almost equally, with Lily spending 170 overnights a year with David and 195 with Sarah. Despite this near 50/50 split, David earns significantly more than Sarah. Therefore, David is ordered to pay some child support to Sarah to ensure Lily maintains a consistent standard of living in both homes.

  How it illustrates the term: Even though David is the higher-earning parent paying support, the court would factor in the extensive time Lily spends with him. The child support amount he pays would be considerably lower than if Lily spent minimal time with him, due to a visitation credit. This credit acknowledges that David is directly providing for Lily's needs for nearly half the year, reducing the financial burden on Sarah during those periods.