the purposes of this rule:
physical custody" means the parent provides the primary residence for the child
and is responsible for the majority of the day-to-day decisions concerning the
(b) "Split custody" means
that there are two or more children and each parent has at least one child more
than 50 percent of the time.
If there is a current written parenting
time agreement or court order providing for parenting time, calculate each
parent's overnights for the minor children as follows:
(a) Determine the average number of
overnights using two consecutive years.
(b) Add the total number of overnights the
parent is allowed with each minor child and divide by the total number of minor
(c) Notwithstanding the
calculation provided in subsections (2)( a) and (2)(b), parenting time may be
determined using a method other than overnights if the parents have an
alternative parenting time schedule in which a parent has significant time
periods where the minor child is in the parent's physical custody but does not
stay overnight. For example, in lieu of overnights, 12 continuous hours may be
counted as one day. Additionally, blocks of time of four hours up to 12-hours
may be counted as half-days, but not in conjunction with overnights. Regardless
of the method used, blocks of time may not be used to equal more than one full
day per 24-hour period.
(3) If the parents have split custody but no
written parenting time agreement, determine each parent's parenting time
overnights by dividing the number of minor children with the parent by the
total number of children and multiplying by 365.
(4) If there is no current written parenting
time agreement or court order providing for parenting time, the parent or party
having primary physical custody of the minor child will be treated as having
all of the parenting time for that child unless a court or administrative law
judge determines actual parenting time.
(5) If the court or administrative law judge
determines actual parenting time exercised by a parent is different than what
is provided in a written parenting plan or court order, the parenting time
overnights may be calculated using the actual parenting time exercised by the
(6) Determine each parent's
parenting time credit percentage as follows: credit percentage =
precisely computed credit percentage is preferred. However, where this is
impractical (for example, when calculating support by hand) an approximate
credit percentage can be determined by referencing the table at the end of this
rule using the parents' average overnights determined in step 2, 3, or 4,
rounding up or down to the nearest whole number of overnights.
To determine the amount of each parent's
parenting time credit:
Determine the minor
children's portion of the combined basic support obligation, as determined in
(2), by dividing the combined basic support obligation by the
total number of minor children and children attending school and multiply the
result by the number of minor children only.
(b) Multiply the result by each parent's
parenting time credit percentage.