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How do you calculate the percentage of time you have with kids?-- Got my answer

post #1 of 33
Thread Starter 
Non custodial mom says she is going for child support. I have been trying to use a few free on-line child support calculators just to get an idea. The all ask for the percentage of custody but I'm not sure how to calculate that. Do you just count overnights? Is it out of 30 days or 28 days? Do half days count differently? Does it vary with the state (we're in California).

She has dss:

Week 1:

Tuesday 5PM- Wednesday 8AM (then he goes to school)

Thursday 5PM- Friday 8AM

Week 2:

Tuesday 5PM-Wednesday 8AM

Friday 5PM-Sunday 10AM

Thats 10 nights a month so I divided that by 28 nights and got 35%. Sound right? Calculators are estimating that we pay her $70, though I hear they subtact the amount I pay for dss's health insurance ($110).
post #2 of 33
We counted the overnights out of 28 days. Our state (MN) does count the health insurance in the calculations. It also counts other dependent children and other child support obligations, but it is all very confusing. Some income counts, some does not. Each state probably excludes different things. I was surprised that in our case, BM's $1200/month in Social Security does not count.

Also, in the state I am in, the percentages of time are split into three blocks; something to the effect of <10%, 10%-45%, and >45%. So your cs obligation is the same at having your child 11% of the time as it is at 44%. :

The laws for MN changed Jan 1st of this year, and that coupled with the fact that we moved to 50/50 custody, our cs obligation went from $750 to a little over $200. BM was PISSED. But the law is the law, kwim?
post #3 of 33
Thread Starter 
Quote:
Originally Posted by pinksprklybarefoot View Post
We counted the overnights out of 28 days. Our state (MN) does count the health insurance in the calculations. It also counts other dependent children and other child support obligations, but it is all very confusing. Some income counts, some does not. Each state probably excludes different things. I was surprised that in our case, BM's $1200/month in Social Security does not count.

Also, in the state I am in, the percentages of time are split into three blocks; something to the effect of <10%, 10%-45%, and >45%. So your cs obligation is the same at having your child 11% of the time as it is at 44%. :

The laws for MN changed Jan 1st of this year, and that coupled with the fact that we moved to 50/50 custody, our cs obligation went from $750 to a little over $200. BM was PISSED. But the law is the law, kwim?

Err. I hope our state doesn't block time like that. And I hope they cound her disability payments!! It is confusing. Some of the calculators I used said we'd owe her 70 dollars and others said she'd owe us 117 : .
post #4 of 33
Quote:
Originally Posted by Flor View Post
Non custodial mom says she is going for child support. I have been trying to use a few free on-line child support calculators just to get an idea. The all ask for the percentage of custody but I'm not sure how to calculate that. Do you just count overnights? Is it out of 30 days or 28 days? Do half days count differently? Does it vary with the state (we're in California).

She has dss:

Week 1:

Tuesday 5PM- Wednesday 8AM (then he goes to school)

Thursday 5PM- Friday 8AM

Week 2:

Tuesday 5PM-Wednesday 8AM

Friday 5PM-Sunday 10AM

Thats 10 nights a month so I divided that by 28 nights and got 35%. Sound right? Calculators are estimating that we pay her $70, though I hear they subtact the amount I pay for dss's health insurance ($110).
A day is 24 hours. Does she have the child 24 hours when she has him over night? There are 8760hours in a year. Your packet will have a page that you fill out asking how much time the child is with each parent each of the past 12 months. Work it down to the hour. If you have 50/50 PHYSICAL custody then it's not going to matter, they'll just assume you have him 50% of the time in the calculator. So then they take 25% of dad's income and 25% of mom's income and divide both the the time percentage.....so half of that. And who ever has a higher number pays the other parent the difference.

for example:
25% of dad's income is $500 half of that is $250
25% of mom's income is $200 half of that is $100

250-100= Dad paying mom 150
post #5 of 33
Thread Starter 
Quote:
Originally Posted by moondiapers View Post
A day is 24 hours. Does she have the child 24 hours when she has him over night? There are 8760hours in a year. Your packet will have a page that you fill out asking how much time the child is with each parent each of the past 12 months. Work it down to the hour. If you have 50/50 PHYSICAL custody then it's not going to matter, they'll just assume you have him 50% of the time in the calculator. So then they take 25% of dad's income and 25% of mom's income and divide both the the time percentage.....so half of that. And who ever has a higher number pays the other parent the difference.

for example:
25% of dad's income is $500 half of that is $250
25% of mom's income is $200 half of that is $100

250-100= Dad paying mom 150
Is it really that simple? All the reading I did last night said that California uses a really complicated equation taking into account things like percentage of income used for housing, who takes the tax breaks for the child, children from other relationships, who pays for health insurance, etc. They sell the program that does the calculations for over 500 dollars!
This is not exactly what I read last night, but similar:

http://www.cadivorce.com/library/chi...lculated.shtml

No, we don't have 50/50 physical custody. Dad has full physical custody, mom has the visitation schedule listed above. She only has him a full 24 hours on her every-other -weekend. During the week he is in school, so 5PM to 8AM. I read somewhere that school time counts as being in the custody of the custodial parent.

Oddly enough, your example gives numbers that are exactly correct. . . except we don't have a 50/50 split, more like 65/35, and I pay 110 dollars a month for dss health insurance, which I understand is subtracted from the child support.
post #6 of 33
It's not totally subtracted (insurance) because each parent should pay half, so it's half subtracted. There are more things taken into consideration, what I gave you was the basic all things being equal equation.
post #7 of 33
Thread Starter 
Quote:
Originally Posted by moondiapers View Post
It's not totally subtracted (insurance) because each parent should pay half, so it's half subtracted. There are more things taken into consideration, what I gave you was the basic all things being equal equation.
Really? I keep reading that the non custodial parent is supposed to provide it, but in our case, I do.

This is what I was looking for earlier:
To determine the child support guideline for a child, the following information must be obtained:
The gross incomes of each parent.
The percentage of time each child spends with each parent.
Any available income tax deductions that the parents can claim, such as mortgage interest.
Mandatory payroll deductions, such as health insurance, pensions, and union dues.
Child care costs incurred by either parent.
Once this basic information is inserted into the DissoMaster or other support calculation program, a guideline child supp



And this crazy equation: : :


Appendix: The Statewide Child Support Guideline Family Code §4055
(a) The statewide uniform guideline for determining child support orders is as follows: CS = K (HN - (H%) (TN)).
(b) (1) The components of the formula are as follows:
(A) CS = child support amount.
(B) K = amount of both parents' income to be allocated for child
support as set forth in paragraph (3).
(C) HN = high earner's net monthly disposable income.
(D) H% = approximate percentage of time that the high earner has
or will have primary physical responsibility for the children
compared to the other parent. In cases in which parents have
different time-sharing arrangements for different children, H% equals
the average of the approximate percentages of time the high earner
parent spends with each child.
(E) TN = total net monthly disposable income of both parties.
(2) To compute net disposable income, see Section 4059.
(3) K (amount of both parents' income allocated for child support)
equals one plus H% (if H% is less than or equal to 50 percent) or
two minus H% (if H% is greater than 50 percent) times the following
fraction:
Total Net Disposable
Income Per Month K
$0-800 0.20 + TN /16,000
$801-6,666 0.25
$6,667-10,000 0.10 + 1,000/TN
Over $10,000 0.12 + 800/TN

For example, if H% equals 20 percent and the total monthly net
disposable income of the parents is $1,000, K = (1 + 0.20) X 0.25, or
0.30. If H% equals 80 percent and the total monthly net disposable
income of the parents is $1,000, K = (2 - 0.80) X 0.25, or 0.30.
(4) For more than one child, multiply CS by:
2 children 1.6
3 children 2
4 children 2.3
5 children 2.5
6 children 2.625
7 children 2.75
8 children 2.813
9 children 2.844
10 children 2.86


So, I guess we are just waiting for the paperwork. I was just trying to get an idea. So, to calculate it hourly or overnights??
post #8 of 33
It's been a few years since I've been through this, though I'm about to rehash it.....but when I went through it my paperwork said that the non custodial parent was to provide it if it was available through their work for free or low cost....otherwise both parents were responsible, though the judge may assign it to the parent in better circumstances.
post #9 of 33
Thread Starter 
Moondiapers, when I calculate mom's visitation by the overnight it is 35%, but by the hour I came up with 11%! Have to check my math again, but at this point I'm all for calculating by the hour.
post #10 of 33
Our state calculates by overnights. If you have the night, you get credit for the whole 24 hours.
post #11 of 33
Same with ours.

NCP gets credit for anything over 20% up to 50%.
post #12 of 33
Thread Starter 
Quote:
Originally Posted by boobybunny View Post
Same with ours.

NCP gets credit for anything over 20% up to 50%.
Does that mean that 20% is calculated the same as 50% (like the person above who said it was in blocks) or just that under 20% is the same as having no visitation and over 50% means you aren't non-custodial?



I just can't figure this out for my state. I find a lot of info on how much to pay as long as you know your percent. But no info on how to calculte the percentage in California.
post #13 of 33
no, from 20% to 50% child support is adjusted.

Taking the total support amount... say the combined support amount is 1000.00 (the amount both parents have to pay to support the child/ren)

1000.00 X .20 = 200.00
or 20% parenting time means the ncp gets a credit of 200.00 .... lowering the cp's support amount to 800.00
30% parenting time meand the ncp gets a credit of 300.00.... lowering cp's support to 700.00
And so on and so forth... until a 50/50 split is decided.
post #14 of 33
if you go to www.deltabravo.net they have some software (excel spread sheet) that will automatically calculate your time percentage (actual and what you should have)
post #15 of 33
Thread Starter 
Quote:
Originally Posted by Geeki View Post
if you go to www.deltabravo.net they have some software (excel spread sheet) that will automatically calculate your time percentage (actual and what you should have)
I checked out that website and it has a lot of good info. Where would I find the time percentage info?
post #16 of 33
THe time calculator is on the right side when you scroll down a little.

Here's the CA online support calculator:
https://www.cse.ca.gov/ChildSupport/...ineCalculator#
post #17 of 33
For insurance, in my state, the non-custodial parent has to provide it as long as it costs less than their calculated CS payment.
post #18 of 33
IMO, she owes you child support. Maybe its different in Canada, but its the parent with who the child resides that receives child support.
You have him 20 nights and she has him 10.....why do you have to pay her anything?
post #19 of 33
I can't believe how complicated all that sounds. In Ontario, there is a table. The parent the child lives with gets the child support and there is a table based on income and number of children that determines the amount, unless the parents can agree on another number. All this percentage of time stuff sounds insane.
post #20 of 33
Quote:
Originally Posted by JustVanessa View Post
IMO, she owes you child support. Maybe its different in Canada, but its the parent with who the child resides that receives child support.
You have him 20 nights and she has him 10.....why do you have to pay her anything?
Exactly!
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