Rule Guideline 5 Calculating Child Support: Shared Physical Custody
Rule Text
(a) Applicability and Scope. This Guideline governs the child support obligations to a parent with shared physical custody over a child. A parent has shared physical custody if the child or children reside with that parent between forty to sixty percent of the year, regardless of the status of legal custody. The period of residence must be specified in a custody order by the court.
(b) Failure to Exercise Custody. The child support order shall state that failure to exercise sufficient physical custody to qualify for shared physical custody under Guideline 5 is grounds for modification of the child support order. Denial of shared physical custody by the court is not cause to modify child support.
(c) Duplicated Expenses. Because shared physical custody presumes that certain basic expenses for the children will be duplicated, an adjustment for shared physical custody is made by multiplying the basic child support obligation by one hundred fifty percent.
(d) Calculating Child Support Obligations.
(1) Gross Income. Establish each parent’s gross income as set out in Guideline 4(b).
(2) Adjusted Gross Income. Establish each parent’s adjusted gross income as set out in Guideline 4(c)(1).
(3) Combined Adjusted Gross Income. The combined total of each parent’s adjusted gross income is the combined adjusted monthly gross income.
(4) Shared Physical Custody Obligation. The shared physical custody obligation shall be established by the following steps:
(A) Locate the combined adjusted gross income on Schedule A;
(B) Match the combined adjusted gross income on Schedule A to the column for the number of children involved;
(C) Multiply the figure established in Guideline 5(d)(4)(B) by 1.5 to get the shared physical custody support obligation;
(D) Take each parent’s adjusted gross income and divide by the combined adjusted gross income to get each parent’s percentage share of income; and
(E) Multiply the shared physical custody support obligation with the percentage share of income for each parent to get each parent’s shared physical custody obligation.
(5) Time Spent. Establish the number of overnights with each parent, which must have a combined total of 365 days. Divide the number of overnights for each parent and divide by 365 to determine the percentage of time with each parent.
(A) Use Worksheet A for sole physical custody circumstances where the number of overnights with either parent is less than 146.
(6) Support Obligation for Time with Other Parent. Multiply each parent’s shared physical custody support obligation established by the steps in Guideline 5(d)(4) and multiple it by the percentage of time spent with the other parent established in Guideline 5(d)(5) to establish the support obligation for time with other parent total.
(7) Total Child Support Obligations.
(A) Total Necessary Expenses. Each parent’s share of necessary expenses is determined by the following steps:
(i) Add any expenses outlined in Guideline 4(c)(4) to the support obligation for time with other parent total;
(ii) Combine each parent’s total necessary expenses; and
(iii) Multiply the combined necessary expenses by each parent’s percentage share of income established by Guideline 5(d)(4)(A)-(D).
(B) Exceeding Fair Share. Determine whether the expenses paid by either parent are in excess of their fair share by subtracting each parent’s share of necessary expenses established in Guideline 5(d)(7)(A) from a parent’s total necessary expenses established in Guideline 5(d)(7)(A)(i).
(C) Each Parent’s Adjusted Support Obligation. Determine each parent’s adjusted support obligation by subtracting the figure from Guideline 5(d)(7)(B) from the support obligation for time with other parent established in Guideline 5(d)(6). If the original figure was negative, subtract zero from the support obligation for time with the other parent established in Guideline 5(d)(6).
(e) Recommended Child Support Obligation. Subtract the lesser amount from the greater amount of each parent’s adjusted support obligation established in Guideline 5(d)(7)(A)-(C). The court shall order the difference paid by the appropriate parent.