Changes:

990930: Added simplified versions of the equations.
991008: Added the general formula for cross-crediting (section 9)
991008: Added the Conclusion (section 10)
991008: General editing of the text
991008: Added examples using the simplified cc formula

The basic formula for adjusting a child support award to account for visitation or shared parenting is relatively simple. The form of the equation does not depend upon one's views with regard to whether the adjustment should be made directly in relation to time children spend with each parent because "fixed" and non-fixed expenses can be treated separately. Nor does the calculation depend on the type of legal custody. The form of the cross-crediting equation is constant. Adjusting the outcome for fixed expenses and other variable policy considerations will also be discussed.
 
 

Sections:

1. Introduction
2. What is wrong with a simple credit?
3. What is cross-crediting?
4. A very simple example
5. A second example
6. A better model of Ability to pay and what it means in practice
7. Fraction of what?
8. Comment
9. A More General Cross-Crediting Formula
10. Conclusion

Forenote

In his book; Divorced Dads: Shattering the Myths, Sanford Braver recounts a court case in which children had nearly equal time with each parent. The "primary parent" had the children only one night per week more than the non-primary parent. Both parents had a reasonably good income, yet this small difference in the parenting schedule meant that the non-primary parent was paying a large child support amount to the primary parent each month. The court recognized that if the parenting schedule was shifted by only one night per week, the parent who was receiving a large child support payment would instead be paying a relative large amount. It was easy for the court to recognize that one night per week could not reasonably account for such a huge difference in the determination of child support. Thus, the method described here is quite relevant to current discussion on calculation of child support awards.

The method described below for adjusting child support awards to account for visitation and shared parenting can be used with any child support calculation method, percent-of-income, Income-Shares, cost sharing, Melson, PICSLT, or whatever. That is, the method of crediting for visitation and shared parenting is independent of the method of calculating the uncredited award. However, PICSLT has consistently criticized many of the models mentioned above and strongly recommends rejection of - especially - percent-of-income, Income-Shares, and even simple cost sharing models except when appropriate. (Simple cost sharing may be appropriate at higher income levels.) State courts are beginning to recognize in the post-federal-reform era what they had consistently recognized in the pre-federal-reform era. That which we call "child support" is for the purpose of supporting children. Therefore, the arbitrary methods such as percent-of-income and the currently popular Income-Shares model must surely go out of fashion.

As with all the work presented by PICSLT, this section is based on the following three principles.

1. Child support is for the care and maintenance of children.
2. Both parents have an equal duty to support their children.
3. All relevant circumstantial information may effect the amount of the award

For an earlier discussion on cross-crediting, see How to Calculate Child Support, Maurice Franks, Case & Comment, January-February, 1981.

For the full text of the report, click on "Full Text" below. It will probably take a little time for the equations (gif files) to load.

Full Text
Click here for a related study on the application of credit equations. 

 

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