Updated on November 19, 2024
There have been instances in California divorces where one parent has ended up giving 100% of his/her time for child support despite being granted equal child support in court. Usually, the parent who takes care of the child for the majority of the time pays less, but in some cases, the reverse takes place. The ‘Jackson credit’ became applicable after the famous Jackson vs. Jackson case.
If you have any questions about Jackson Credits and child support, reach out to an experienced California child support lawyer at Maggio Law Orange County Divorce Attorneys. Call 949-227-3001 today!
The Jackson vs. Jackson case
In the Jackson vs. Jackson case, the mother charged the father with child support defaults while the child has been living with the father for 100% of the time. Initially, the trial court supported the mother, saying the father had attempted to change court orders for child care support. However, when the father appealed, the court noted that even though the law does not allow an individual parent to change child care support rules, the father fulfilled his obligations for child support.
What is a Jackson Credit?
Understanding Jackson Credits in child support cases in California is significant because they impact the financial responsibilities and equitable distribution of debts during divorce. Jackson Credits allow a spouse to be reimbursed for paying community debts with separate funds after separation. This understanding is crucial for parents as it can affect the financial resources available for child support and overall economic stability post-divorce. Properly managing these credits ensures fair financial arrangements, directly supporting the children’s well-being.
A Jackson Credit is granted to noncustodial parents who prove that they paid their share of the custodial support during custodial support. Courts allow childcare support credits to parents who take care of the child and provide childcare support as well. This credit saves one parent from substantial financial damage that can be incurred during childcare support.
When can a Jackson Credit be claimed?
During arrears calculation, a noncustodial parent can claim a Jackson Credit for the time they spent with the child when they were not supposed to. Parents who can provide evidence that the child was under their care 100% of the time are eligible for Jackson Credits. To successfully claim a Jackson Credit in California, you generally need to provide clear evidence of the following:
- Proof of Payment: Documentation showing that you made payments on community debts using your separate funds after the date of separation. This could include bank statements, receipts, or canceled checks.
- Debt Verification: Evidence that the debts paid were indeed community debts incurred during the marriage. It might involve presenting loan agreements, credit card statements or bills.
- Separation Date: Clear documentation or testimony establishing the date of separation, as this determines the applicability of Jackson Credits.
Gathering and organizing these documents is crucial to substantiate your claim for reimbursement during divorce proceedings. In some cases, parents who failed to show proper evidence didn’t receive a Jackson Credit.
Does it affect child support payments?
In California, Jackson Credits primarily pertain to the division of community property and debts during divorce proceedings and do not directly affect child support calculations. However, they can indirectly influence child support in the following ways:
- Financial resources: By allowing reimbursement for post-separation debt payments, Jackson Credits can affect a parent’s available financial resources. This change in resources might impact their perceived ability to pay child support.
- Equitable distribution: Ensuring that debts are fairly divided can lead to a more accurate representation of each parent’s financial situation, which is a factor in child support calculations.
Ultimately, while Jackson Credits themselves are not a direct factor in determining child support, they contribute to a fairer financial assessment during divorce, which can influence child support outcomes.
Protect your financial and parental rights
Knowing how the credit system works can help save unnecessary financial loss, so it is vital to consult a knowledgeable family law attorney. The Jackson Credit applies to parents who have paid for childcare despite giving 100% of their time for childcare. If you face a similar situation, it is vital that you speak to an experienced lawyer.