I am in the military and stationed in DE, and am currently in the
process of divorce after being married a little more than 9 months. 
We have a son together and she has relocated to CO.  We agreed to
joint custody (I have him three months and she has him three months
ect) and there is a standing support order that I pay her $289 per
month (they are garnishing my wages) even when I have him?  I keep
hearing that this does not seem right but no one can tell me if there
are any statutes that indicate that support is or isn't paid when I
have him (she is not required to pay support to me at any time).  Can
you please provide me with any information about this topic?  The
support order is filed in Delaware.  Thank you. DAD

Dear Dad,

Wow, Delaware doesn't make it easy to find something!  But here is
something good, I hope:

Bring up the following web page, which is from the Delaware Family Court:

http://courts.delaware.gov/forms/download.aspx?ID=269

And then look at the instruction for "Line 19"

and you will see a "parenting time adjustment" which is based upon a
joint custodial arrangement.  Now, the question is whether the
$289/month reflects that allowance, or not. You can perform your own
calculations by going to the following Delaware site:
http://courts.delaware.gov/Support%20Calculator/

May I suggest that you visit your base Legal Office and speak to a JAG
legal assistance officer - they should be able to counsel you in how
to proceed in obtaining the credit to your support obligation that you
deserve. If not, visit the local Family Court and ask them to help you
with the issue. In both cases, take along a copy of your judgment of
divorce (also referred to as a divorce decree).

Another question might be whether you are better off under Colorado
law or Delaware. I'll bet Colorado law is more beneficial for you.
MUCH more beneficial, at least in my experience. You said that "were
in the process of divorce" and if you are the plaintiff, the one
filing for divorce, you may want to consider dismissing the divorce
and having her re-file in Colorado. But ask a base legal professional
for guidance.

Good luck,

weisstho-ga

Search strategy:

delaware + "child support" + abatement

I recommend you consult your attorney. In many states child support
laws allow for a 50-percent abatement in child support for any
extended visitation period.

tutuzdad-ga