The 40% rule and the Amount of Child Support
If your children are with you more than 40% of the time, we call it “shared custody”. In these circumstances, it is possible that the amount of child support will be reduced.
To determine the amount to be paid, you first determine how much you would pay to your spouse according to the Federal Child Support Guidelines if the children were residing primarily with your spouse. You then determine the amount of child support your spouse would have to pay you if the children were primarily residing with you. You set off one amount from the other and that is usually the amount of child support to be paid. I say “usually” because judges have a lot of discretion when determining child support in shared custody situations. Some judges will add a little something to the set off amount, some will use the exact set off amount and some will only reduce slightly the amount of child support from the Guidelines amount even if you have care of the children for more than 40% of the time. It just depends on your judge and your situation.
As a result, negotiating a settlement of the amount of child support in shared custody situations is best handled with legal advice.
To determine whether you or your spouse meets the 40% threshold, most judges just count the regular days or nights the children spend with each of you. For example, if the children are with you 6 out of 14 nights, they are with you 43% of the time and you have met the threshold.
Your lawyer can help you resolve the issue of the amount of child support if you have a shared custody situation. We can help get it resolved.