Adjustment to gross income for other children primarily residing with a parent

DIRECTIONS: On line 2.c.i., enter the number of other natural or adopted children primarily residing in his or her custody and not the subject of this proceeding. An adjustment is automatically calculated based upon the amount in the schedule of basic child support obligations that represents that parent's support obligation using the parent's gross income (line 1) without any adjustment for other children for whom the parent is responsible. The credit is automatically inserted on line 2.c.ii.

On line 2.c.iii., enter the monthly amount of child support actually being received pursuant to an existing court or administrative order for the children entered on line 2.c.i. Note this amount cannot exceed the credit calculated on line 2.c.ii. If the support received exceeds the credit, the value on line 2.c.iii will be automatically reduced.

The amount of the adjustment is the amount in the schedule of basic child support obligations that represents that parent's support obligation based only on that parent's gross income and without any adjustment for other children for whom that parent is responsible.

CAVEAT: The adjustment for a child for whom there is an existing court or administrative order shall be reduced by the amount that is actually being paid in current support payments.

A. An adjustment is appropriate in a proceeding to establish a child support order or to modify the support payable under an existing order. The adjustment is available for the parentꞌs natural and adopted children but not the parentꞌs stepchildren.

B. In a modification of an existing support order, both parents will receive credit for children in their primary care that have remained in their care since before the current order. However, parents will not get a line 2(c) credit for children born after the current order except:

1. If the newly calculated child support amount results in an increase to theprior order, the tribunal may recalculate the presumed correct child support amount to include a line 2(c) credit for the paying parent. However, the application of the line 2(c) credit cannot result in a decrease to the prior order.

2. If the newly calculated child support amount results in a decrease to theprior order, the tribunal may recalculate the presumed correct child support amount to include a line 2(c) credit for the receiving parent. However, the application of the line 2(c) credit cannot result in an increase to the prior order.

COMMENT: Children are primarily residing with a parent if the parent exercises at least equal or substantially equal parenting time with the children. Children are also primarily residing in a parent's custody though living away from the parent to attend school. This adjustment shall not be utilized in conjunction with a Line 2(a) adjustment for the same children.