Author Topic: CS for 60/40  (Read 27128 times)

researcher

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CS for 60/40
« on: May 19, 2014, 10:24:14 PM »
What is "shared" custody?  Does it have to be 50/50?  Could it be 60/40?
Could the parent with 40% of the time pay all expenses? if so, how would that be entered in the spreadsheet?


Guru

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Re: CS for 60/40
« Reply #1 on: May 19, 2014, 11:05:55 PM »
That's a really good question.  I don't know that shared custody is even defined anywhere.  The guidelines just mention equal or nearly equal blocks of time.  If 40/60 is nearly equal, then I suppose you could be treated as having equal time.  But, the guidelines have an adjustment for up to 45/55 of 15% and 40/60 of 10%, so I'm guessing they would simply apply something like that.

As far as entering it in the spreadsheet, you'd probably just consider either the equal parenting time formula or the direct expense sharing equation and go from there.  Parenting time isn't factored into the spreadsheet directly, so if a judge considers your case shared residency, they would use the shared residency equations.

KTM

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Re: CS for 60/40
« Reply #2 on: May 20, 2014, 05:20:30 PM »
Custody is different than parenting time. Most ALL cases are those with legal joint/shared custody. It is a legal term.

Parenting time percentages are considered in Child Support formulas per the adjustments GURU noted. 50/50 time is nearly that.

Under the current guidelines a written agreement between the parents defining who pays what expenses will be considered when calculating Child Support. So, if the person with 40% of the time pays ALL of the child(rens) expenses and is the Child Support payor that would be considered when calculating Child Support and would likely reduce the monthly obligation.

researcher

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Re: CS for 60/40
« Reply #3 on: May 20, 2014, 05:32:13 PM »
And then how would that be entered/ calculated? 

Guru

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Re: CS for 60/40
« Reply #4 on: May 22, 2014, 08:14:17 PM »
How shared residency is calculated?  Is that the question?