Child Support for Shared & Split Custody

Child Support for Shared & Split Custody

By Carl O. Graham

custody fight, best interests of children

The Schedule of Basic Child Support Obligations set forth in C.R.S. 14-10-115(7)(b) applies simply, and unadjusted, in situations where the children live most of the time with one parent, and the other parent has fewer than 93 overnights. While such parenting scenarios were common 20 or more years ago, and still apply when parents live in different states, with two local parents shared custody is far more common. And that requires adjustments to the guidelines.

Worksheet A vs Worksheet B

Simple child support calculations in Colorado, where one parent has fewer than 93 overnights so no adjustments are made for those nights, are presented on a Worksheet A.

With the more complicated shared and split child custody situations, a Worksheet B is used, which factors in the parties’ relative share of overnights.

Shared Physical Care

Consider the example from the Child Support Basic Obligation article, where the parents’ combined incomes are $9200, and they have three children, the resulting basic obligation is $2065/mo, with mother having $5000 of income (54.3%) and father having $4200/mo of income (45.7%).

By statute “shared physical care” means that each parent has the children for more than 92 overnights, and contributes towards the expenses of raising the children. C.R.S. 14-19-115(3)(h)

Shared physical care differs from sole physical care in three ways:

1.5 Multiplier. “Because shared physical care presumes that certain basic expenses for the children will be duplicated, an adjustment for shared physical care is made by multiplying the basic child support obligation by one and fifty hundredths (1.50).” In short, if each parent has at least 93 overnights, the basic obligation is multiplied by 1.5, before any other adjustments (day care, health, etc), and before the parents’ shares are determined.

So using the same example, the basic support obligation before adjustments is $2065/mo. If the parents each lived locally so shared custody, that obligation would be multiplied by 1.5, resulting in a basic obligation of $3098/mo. And then, the same adjustments will need to be made for health, day care, etc.

For the purposes of simplicity, we’ll assume no day care or health insurance costs, so the total obligation is $3098/mo, and from that, the mother’s 54.3% share comes to $1682/mo, and father’s 45.7% share comes to the remaining $1416/mo.

Overnight Schedule. Next, each parent’s share is multiplied by the percentage of overnights that the children spend with the other parent. Three examples:

  • Equal parenting.
    • Mother’s $1682/mo obligation is multiplied by the 50% of the nights the children spend with father, resulting in mother’s obligation being $841/mo.
    • Father’s $1416/mo obligation is also multiplied by the 50% of the nights the children spend with mother, resulting in father’s obligation being $708/mo.
  • Mother has 220 nights (60.3%), father has 145 nights (39.7%):
    • Mother’s $1682/mo obligation is multiplied by father’s 39.7% of nights, resulting in an obligation of $668/mo.
    • Father’s $1416/mo obligation is multiplied by mother’s 60.3% of nights, resulting in an obligation of $854/mo.
  • Mother has 192 nights (74.5%), father has 93 nights (25.5%):
    • Mother’s $1682/mo obligation is multiplied by father’s 25.5% of nights, resulting in an obligation of $429/mo.
    • Father’s $1416 obligation is multiplied by mother’s 74.5% of nights, resulting in an obligation of $1055/mo.

Offset the obligations.

Finally, the parent’s support obligations are offset against one-another in a shared custody situation. So with an equal parenting schedule, Mother’s $841 obligation is offset by father’s $708/mo obligation, resulting in mother owing father the $133/mo difference as child support.

With the second example where father has 145 overnights, father’s $854 obligation is offset by mother’s $668 obligation, resulting father owing mother a net monthly support obligation of $186.

With the final example where father has 93 overnights, the bare minimum to be on a Worksheet B for shared custody, father’s $1055 obligation is offset by mother’s $429/mo, resulting in a net support obligation of $626/mo.

Recall from the sole custody situation that father’s obligation for 92 or fewer overnights, using the same incomes, was $944/mo. What a difference one night can make - going from 92 overnights on a Worksheet A to 93 overnights on a Worksheet B results in a savings of more than $300/mo in father’s child support obligation.

Split Physical Care

Sometimes, parents will have children on different overnight schedules - such as teenagers who “choose” to live with different parents, or older kids on an equal schedule with preschool kids living primarily with one parent. These situations presents layers of complications.

In a relatively simple scenario, assume two parents live in different states, and each has one child living with him/her. The basic calculation is simple - calculate support for one child living with one parent, and then calculate it again for one child living with the other parent (make sure you only count adjustments on one of the worksheets, so those expenses are not double-counted).

Then you offset those two worksheets: Per C.R.S. 14-10-115(3)(i), “‘Split physical care’, for the purposes of the child support guidelines and schedule of basic child support obligations specified in this section, and as further specified in paragraph (c) of subsection (8) of this section, means that each parent has physical care of at least one of the children by means of that child or children residing with that parent the majority of the time.”

But those clear black & white situations are rare. More often you end up with a scenario where the two younger children spend equal time with the parents, and an older child lives with one parent primarily (say 100 nights with one parent, the remainder with the other). This situation is addressed by In re: Marriage of Quam, 813 P.2d 833 (Colo.App. 1991).

In short, you add up the overnights, determine each parent’s total share, and then convert that share to 365 nights. So in the example of 3 kids, the calculation for the parent who has one child for just 100 nights would be:

  • Step 1: 182 + 183 nights (the two equal children) + 100 nights = 465 nights
  • Step 2: 465 / 1095 (total overnights for three children) = 42.5%
  • Step 3: 42.5% x 365 = 155 Quam-adjusted overnights.

Do You Need a Child Support Lawyer in Colorado Springs?

The family law attorneys at Graham.Law have years of experience helping clients through the Colorado legal system. We know Colorado family laws, inside and out, from divorce to legal separation, from annulment to military divorce issues. And we understand child support and family support. For more information about our El Paso County family law firm, click on:

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