Rule 2-6. Reduction in Support for Periods of Visitation

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Rule 2-6. Reduction in Support for Periods of Visitation

   The following provision shall apply to any decree providing for a reduction in child support payments while the non-custodial parent has possession of said child or children:

    (1) The non-custodial parent shall prepare and sign an affidavit stating the inclusive dates that the non-custodial parent had possession of the minor child or children with the name of said child or children showing the amount of support to be reduced.

    (2) This affidavit shall be filed with the clerk of the district court within thirty (30) days after said possession and a copy mailed to the custodial parent or it shall be presumed that the non-custodial parent did not have possession of the child or children for the affected time period.

    (3) Within thirty (30) days after receipt of the copy of said affidavit, the custodial parent may file an objection or counter-affidavit, and if this is done, a hearing date will be set to determine the matter.

    (4) Failure of the custodial parent to file an objection or counter-affidavit within thirty (30) days shall constitute a waiver to contest the reduction of child support issue.

    (5) Counsel for the parties shall advise the parents of this provision.

Adopted effective September 22, 1995.