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 the court. Usually, the parent who takes care of the child for the majority of time should pay less but in some cases, the reverse has taken place. The ‘Jackson credit’ became applicable after the famous Jackson vs. Jackson case.
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 attempted to change court orders for child care support. However, when the father appealed, the court said that even though the law does not allow an individual parent to make changes in child care support rules, the father fulfilled his obligations for child support.
What is a Jackson Credit?
A Jackson Credit is granted to noncustodial parents who prove that during custodial support, they paid their share of the custodial support. Courts allow child care support credits to parents who take care of the child and provide child care support as well. It saves one parent from substantial financial damage that can be incurred during child care support.
When can a Jackson Credit be claimed?
During arrears calculation, a non-custodial parent can claim a Jackson Credit for the time he/she spent with the child when he/she was not supposed to. Parents who can provide evidence that the child was under his/her care 100% of the time are eligible for Jackson Credits. In many cases, parents who have failed to show proper evidence have been barred from receiving a Jackson credit.
Knowing how the credit system works can help save unnecessary financial loss. It is, therefore, important to talk to an attorney first before proceeding with the Jackson Credit. The Jackson credit is applicable for parents who have paid for child care despite giving 100% of their time for child care. The credit system has been established to help parents save themselves from financial losses. The Jackson credit was created after a famous case that involved a mother demanding child care support from a father even when the father has been taking care of the child the entire time. If you are faced with a similar situation, it is vital that you speak to an experienced lawyer.