How Parenting Time Factors Affect the Tennessee Child Support Amount Owed

How Parenting Time Factors Affect the Tennessee Child Support Amount Owed

How Parenting Time Factors Affect the Tennessee Child Support Amount Owed

How Parenting Time Factors Affect the Tennessee Child Support Amount Owed.

Parenting time is the third of the three most important factors affecting the child support amount owed.  (Each parents’ income are the other two.) Note that child support starts to decrease for the alternative residential parent (ARP) if the parent enjoys more than 92 days.  Most “standard” parenting plans have the ARP enjoying 80 or 85 nights per year.

There are no shortcuts when calculating days per year for any particular parenting plan.  Get out a pen and paper and start listing the days.  Being accurate in that counting process is more tricky than you might think at first.  There are several parenting time calculator programs available on the Internet to help you.

When in doubt about the meaning of any terms, look up their definitions within the Guidelines.

(b)       Parenting Time.

1.  The adjustment is based upon the ARP’s number of days of parenting time with the children in the case under consideration.

2.   Fifty-Fifty / Equal-Parenting Situations. In this situation, there is no PRP and/or ARP designation based upon parenting time. Accordingly, the PRP / ARP designation will be made as follows, solely for the purpose of calculating the parenting time adjustment:

(i)                       Fifty-Fifty / Equal-Parenting. The Father is deemed the ARP when calculating the parenting time adjustment solely for an equal parenting situation.

(ii)                     Fifty-Fifty / Equal-Parenting Combined with Split Parenting. The Father is deemed the ARP when calculating the parenting time adjustment for an equal parenting situation in conjunction with a split parenting situation.

(iii)                  Fifty-Fifty / Equal-Parenting Combined with Standard Parenting. The ARP in the standard parenting situation will also be the ARP in the equal parenting situation when calculating the parenting time adjustment for an equal parenting situation in conjunction with a standard parenting situation.

3.  No more than one (1) day of credit for parenting time can be taken in any twenty four (24) hour period, i.e., only one parent can take credit for parenting time in one twenty-four (24) hour period. Except in extraordinary circumstances, as determined by the tribunal, partial days of parenting time that are not consistent with this definition shall not be considered a “day” under these Guidelines. An example of extraordinary circumstances would include a parenting situation where the ARP is scheduled to pick up the child after school three (3) or more days a week and keep the child until eight (8) o’clock p.m. This three (3) day period of routinely incurred parenting time of shorter duration may be cumulated as a single day for parenting time purposes.

4.   Average Parenting Time.

     If there are multiple children for whom support is being calculated, and the ARP is spending a different amount of time with each child, then an annual average of parenting time with all of the children shall be calculated. For example, if the ARP has sixty-seven (67) days of parenting time per year with Child A, eighty four (84) days of parenting time per year with Child B, and one hundred thirty-two (132) days of parenting time per year with Child C, then the parenting time adjustment would be calculated based upon ninety-four (94) days of parenting time [67 + 84 + 132 = 283 / 3 = 94]. For this purpose, standard rounding rules apply.

(c)       In cases of split parenting, both parents are eligible for a parenting time adjustment for the child(ren) for whom the parent is the ARP.

(d)       In a non-parent caretaker situation, neither parent is eligible for a parenting time adjustment.

(e)       Parenting Time Adjustments are not mandatory, but presumptive. The presumption may be rebutted in a case where the circumstances indicate the adjustment is not in the best interest of the child.

(f)        Due to the method for calculation of the adjustment, it is anticipated, in a case where the PRP has greater income than the ARP and the ARP has a high level of parenting time with the child, that support may be due from the PRP to the ARP to assist with the expenses of the children during the times spent with the ARP. In this circumstance, a support payment from the PRP to the ARP is allowed

(g)       The automated child support worksheet provided by the Department will automatically calculate all parenting time adjustments when the user enters the requested information. No manual calculation is required, however, instructions for manual calculation are provided in these rules. See: Rule 1240-2-4-.08(2)(c )5.

(h)       Reduction in Child Support Obligation for Additional Parenting Time.

1. If the ARP spends ninety-two (92) or more days per calendar year with a child, or an average of ninety-two (92) days with all applicable children, an assumption is made that the ARP is making greater expenditures on the child during his/her parenting time for transferred costs such as food and/or is making greater expenditures for child-rearing expenses for items that are duplicated between the two (2) households (e.g., housing or clothing). A reduction to the ARP’s child support obligation may be made to account for these transferred and duplicated expenses, as set forth in this chapter. The amount of the additional expenses is determined by using a mathematical formula that changes according to the number of days the ARP spends with the child and the amount of the BCSO. The mathematical formula is called a “variable multiplier.”

2.  Upon reaching the threshold of ninety-two (92) days, the variable multiplier shall be applied to the BCSO, which will increase the amount of the BCSO in relation to the ARP’s parenting time, in order to account for the child-rearing expenses incurred by the ARP during parenting time. These additional expenses are divided between the parents according to each parent’s PI. The PRP’s share of these additional expenses represents an amount owed by the PRP to the ARP and is applied as a credit against the ARP’s obligation to the PRP.

3.  The presumption that more parenting time by the ARP results in greater expenditures which should result in a reduction to the ARP’s support obligation may be rebutted by evidence.

4. Calculation of the Parenting Time Credit.

(i)                First, the variable multiplier is determined by multiplying a standard per diem of .0109589 [2 / 182.5] by the ARP’s parenting time determined pursuant to paragraph (7)(b) above. For example, the 94 days of parenting time calculated in the example from paragraph (7)(b)4(i) is multiplied by .0109589, resulting in a variable multiplier of 1.0301366 [94 x .0109589].

(ii)             Second, the variable multiplier calculated in subpart (i) above is applied to the amount of the parties’ total BCSO, which results in an adjusted BCSO. For example, application of the variable multiplier determined above for ninety-four (94) days of parenting time to a BCSO of one thousand dollars ($1000) would result in an adjusted BCSO of one thousand thirty dollars and fourteen cents ($1030.14) [$1000 x 1.0301366].

(iii)           Third, the amount of the BCSO is subtracted from the adjusted BCSO. The difference is the child-rearing expenses associated with the ARP’s additional parenting time. In the example above, the additional childrearing expenses associated with the ninety-four (94) days of parenting time would be thirty dollars and fourteen cents ($30.14) [$1030.14 – $1000].

(iv)            The additional child-rearing expenses determined in subpart (iii) above are pro-rated between the parents according to each parent’s percentage of income (PI). The PRP’s share of these additional expenses is applied as an adjustment against the ARP’s pro-rata share of the original BCSO. For instance, if the PRP’s PI is forty percent (40%), the PRP’s share of the additional expenses in the example above would be twelve dollars and six cents ($12.06) [$30.14 x 40%]. The twelve dollars and six cents ($12.06) is applied as a credit against the ARP’s share of the BCSO, resulting in a child support obligation for the ARP of five hundred eighty-seven dollars and ninety-four cents ($587.94) [$1000 x 60% = $600 – $12.06].

Tennessee Child Support Guidelines, August 2008.

Memphis divorce attorney, Miles Mason, Sr., JD, CPA, practices family law exclusively with the Miles Mason Family Law Group, PLC in Memphis, Tennessee serving clients in Germantown, Collierville and the west Tennessee area. To learn more about Tennessee child support laws, read and view:

 

About these ads

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s