split physical care

Split physical care occurs when each parent has a majority of parenting time with some but not all of the children of the parties and each parent has the majority of parenting time with at least one minor child.  This is how a split physical care child support obligation is determined:

(1) The support obligation for the first parent is determined as a basic income shares calculation:

  • each parent’s net income is determined
  • the net income of each parent is added to become the combined net income.
  • the basic child support obligation is determined by comparing the number of children to whom the second parent has a majority of allocated parenting time with.  For purposes of selecting the appropriate basic child support obligation, the number of children on the chart will be only the number of children with the second parent regardless of the total number of minor children the parties have.
  • the percentage share of combined net income for the first parent will be determined by dividing the first parent’s net income by the combined net income.
  • the percentage share of combined net income for the first parent will be multiplied against the basic child support obligation to determine the first parent’s obligation to the second parent.

(2) The support obligation for the second parent is determined as a basic income shares calculation:

  • each parent’s net income is determined
  • the net income of each parent is added to become the combined net income.
  • the basic child support obligation is determined by comparing the number of children to whom the first parent has a majority of allocated parenting time with.  For purposes of selecting the appropriate basic child support obligation, the number of children on the chart will be only the number of children with the first parent regardless of the total number of minor children the parties have.
  • the percentage share of combined net income for the second parent will be determined by dividing the second parent’s net income by the combined net income.
  • the percentage share of combined net income for the second parent will be multiplied against the basic child support obligation to determine the second parent’s obligation to the first parent.

(3) The difference between the two obligations will be paid by the parent with the larger support obligation to the parent with the smaller obligation.

Example:

Dennis and Natasha are living on opposite sides of the Atlantic and they have two daughters, Hallie and Annie.  Hallie lives full time with Dennis and Annie lives full time with Natasha.  Dennis’s net income is $4,000 per month and Natasha’s net income is $6,000 per month.  To determine the child support obligation:

  • combined net income for the parties is $10,000 per month.
  • the basic child support obligation for one child based upon a combined net income of $10,000 and one child is $1,445.
  • Dennis’s percentile share of net income is 40% or .40.
  • Dennis owes a child support obligation to Natasha of $578 (1445 x .40 = 578).
  • Natasha’s percentile share of net income is 60% or .60
  • Natasha owes a child support obligation to Dennis of $867 (1445 x .60 = 867).
  • The difference between 578 and 867 is $289.
  • Natasha will pay Dennis $289 per month.