States reserve their right to use their own calculation procedures when it comes to child support. Custody definitions can vary slightly from state to state, too. Split custody is defined as a situation where the custody of multiple children is split between the parents. It is the least common type of custody arrangement and is usually awarded only in exceptional situations because the courts are reluctant to separate siblings. Confusion often arises when it comes to the types of custody as some people use the terms, "joint," "split" and "shared" interchangeably when discussing custody arrangements. In any case, when divorced parents share their children, it impacts the child support obligations between them.
Statistics
The United States Department of Health and Human Services released a report in 1996 that calculated the percentage of joint custody arrangements between divorced and separated parents as of 1991. The study found that 73 percent of mothers and 58 percent of fathers actually had time with their children that exceeded the visitation that most state's guidelines for child support were based upon. Consequently, the old child support calculations started becoming passe.
Custody Definitions
In the purest legal sense, split custody means that Sally lives with mom and Johnny lives with dad. Shared custody, often confused with split custody, refers to a child spending close to equal time with each parent. In Florida, this concept is called rotating custody and the term is sometimes used interchangeably with split custody. All these scenarios involve the children spending more than just "visitation" time with one of their parents.
Percentage Thresholds
Percentage thresholds come into play in states that focus on a split of custodial time. They're important because they set the exact percentage of overnights a non-custodial parent must have with his child on a yearly basis in order for the custody arrangement to be considered split. Laura Wish Morgan, executive editor of "Divorce Litigation," notes that the rule-of-thumb is 20 percent in most states. Anything more than this redefines the child support equation. Different states have different thresholds. Kansas, New Mexico, Wisconsin, Vermont and Hawaii require a minimum of 30 percent of a child's time with one parent. In Idaho, Maryland, Michigan, North Carolina and Utah, it's 35 percent. In the District of Columbia, the line is drawn at 40 percent, and in Utah, it's only 25 percent.
Redundant Costs
Complicating the process of stepping outside state guidelines to calculate support is something called "redundant costs." Morgan points out that in cases of split custody, certain fixed expenses on the child's behalf, such as mortgage and utilities, overlap. Both parents must carry these costs whether the children are with them on a given day or not. "The guidelines recognize that the amount needed to support two children is less than twice the amount needed to support one child because certain household expenses are shared," explains Morgan
Calculation Formulas
Whether one or more of your children are living with dad, or the children collectively spend more than 30 percent or so of the year with him, support is generally calculated twice--once with the mother as the custodial parent, and once with the father in the custodial role. The resulting child support calculations are then compared against each other and the parent owing the greater amount would owe the difference to the other parent. Pennsylvania calls this an "offset formula."
References
- Support Guidelines: Child Support Guidelines and the Shared Custody Dilemma; Laura Wish Morgan
- Divorce Net: Rotating Custody a/k/a Split Custody of Minor Children; Law Offices of Carol A. Lawson; Jul 17, 2004
- Laywers.com: Types of Child Custody
- Virginia Department of Human Services: Obligation Calculator Introduction
- Divorce Source: Shared Custody May Mean Shared Confusion in Calculating Child Support; David S. Pollock, Attorney at Law
