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Calculating Parenting Time Deviation during Child Support

Parenting Time Deviation during Child Support

It is not always a fixed formula used for child support calculations of varied types. It is all based on the court in a particular state that decides about minor details after considering individual family factors. When there are special circumstances, the court can also make alterations in their own formulas used for making child support calculations. It is solely the job of the court to handle these calculations after interpreting relevant facts. You may not have to make any deviation calculations on your own.

The most common methods used by several states in calculating parenting time deviation include income shares and income’s percentage. In the percentage of income method, the court considers a specific percentage of income of the noncustodial parent. Based on the number of supported children, this percentage may increase. There is no consideration given to the custodial parent’s parenting time or earnings. As opposed to this, some states use the income shares method. In this complex calculation, both parents’ combined income is considered. This method also considers the parenting time factor.

In another case where parents provide equal time to children or where it is almost 50-50 physical custody, the court makes further adjustments in child support calculations. In such cases, one of the parents has to be selected as the primary or custodial parent. For this purpose, some courts consider the parent who earns lesser.

Some other courts may consider that parent who is responsible for paying direct or controlled expenses. Controlled expenses may include things like housing, clothing, food, entertainment, etc. Apart from this, parenting time deviation calculations may also be done on an individualized basis where state laws gain importance. Thus, it is best to consult an attorney before thinking of equally dividing your physical custody.

Besides the mentioned arrangements, there are also certain parenting time arrangements that do not fall into the above categories. In those cases too, states make the child support calculations differently. In some states, courts consider the time spent by children with the noncustodial parent. If it is up to a certain percentage, then that parent can have adjustments made in his/her child support percentage. Again, there is no set formula for calculating this time deviation and judges are free to decide based on the increased parenting time. If the noncustodial parent is bearing significant travel expenses to visit children, then this is another criteria to get the child support percentage revised.

Summary:

Calculating the parenting time deviation is the job of an individual court that is handling a specific case. Courts have certain type of flexibility while considering set criteria to perform child support calculations.

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