3.03Adjusting Base Obligation with the Parental Time Offset
3.03(A)Presuming that as parents spend more time with their children they will directly contribute a greater share of the children’s expenses, a base support obligation needs to offset some of the costs and savings associated with time spent with each parent. (The supplement to this manual contains a graph and other information about adjusting support payments for parenting time.)
(1) Base support mainly considers the cost of supporting a child who lives in one household. When a parent cares for a child overnight, that parent should cover many of the child’s unduplicated costs, while the other parent will not have to spend as much money for food, utility, and other costs for the child.
(2) Apply the following Parental Time Offset Equation to adjust base support to reflect some of the cost shifts and savings associated with the child spending time with both parents:
(Ao )2.5· (Bs ) - (Bo )2.5· (As )
(Ao )2.5 + (Bo )2.5
Ao = Approximate annual number of overnights the children will likely spend with parent A
Bo = Approximate annual number of overnights the children will likely spend with parent B
As = Parent A’s base support obligation
Bs = Parent B’s base support obligation
NOTE: A negative result means that parent A pays and a positive result means parent B pays.
(1)An offset for parental time generally applies to every support determination whether in an initial determination or subsequent modification, whether or not previously given.
(2)The parental time offset does not apply when a nonparent has custody of a child. (§1.04(E)(16) and (§4.01(A)).
3.03(C)Apply the parental time offset to adjust a base support obligation whenever the approximate annual number of overnights that each parent will likely provide care for the children-in-common can be determined. When possible, determine the approximate number based on past practice.
(1)When different children spend different numbers of overnights with the parents, use the average of the children’s overnights.
(2)Absent credible evidence of changed practices, presume the same approximate number that was used in determining the most recent support order.
(3)In cases without a past determination or other credible evidence, presume the approximate number of overnights granted in the terms of the current custody or parenting time order.
(4)Credit a parent for overnights a child lawfully and actually spends with that parent including those exercised outside the terms of the currently effective order. This may happen by agreement, or when one parent voluntarily foregos time granted in the order. Do not consider overnights exercised in violation of an order.
(a)If a parent produces credible evidence that the approximate number exercised differs from the number granted by the custody or parenting time order, credit the number according to the evidence without requiring someone to formally petition to modify the custody or parenting time order.
(b)When the most recent support order deviated based on an agreement to use a number of overnights that differed from actual practice, absent some other change warranting modification, credible evidence of changed practices only includes an order changing the custody or parenting time schedule.
3.03(D)If a substantial difference occurs in the number of overnights used to set the order and those actually exercised (at least 21 overnights or that causes a change of circumstances exceeding the modification threshold (§4.05)), either parent or a support recipient may seek adjustment by filing a motion to modify the order.
3.03(E)So the court can know if circumstances have changed at the time of a subsequent determination, every child support order must indicate whether it includes a parental time offset and the number of overnights used in its calculation.