Line 11 Instructions

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Credit for overnight stays with obligated parent

DIRECTIONS: This adjustment is based on the number of periods of overnight visitation or custody per year awarded to and exercised by the parent obligated to pay support under any order or judgment. Enter the total number of times per year the children who are the subject of this proceeding stay overnight with the parent obligated to pay support. The credit for overnight stays is calculated automatically and inserted in line 11.

Note: Per line 5 instuctions, this credit applies to both normal and lowincome calculations For low income calculations, however, the credit for overnight stays is applied against only the obligor's low income basic support amount rather than the basic support amount calculated using the income of both parents. (Checking the "Force normal line 11 credit" box, which appears in low income cases, forces the credit for overnight stays to be applied against the basic support amount calculated using the income of both parents.)

If the parent obligated to pay support is or has been awarded periods of overnight visitation or custody of more than 109 days per year, the adjustment for that parent may be greater than 10% up to a maximum of 50%. In such cases, use an appropriate custom percentage.

If no credit appears, see Comment C, below for further qualifications. If justified (see below), the credit can be forced by checking the "Force" box on line 11.

Comments:

A. The adjustment is calculated by multiplying the basic child support amount from line 5 by the applicable adjustment from the table below. This adjustment is based on the number of periods of overnight visitation or custody per year awarded to and exercised by the parent obligated to pay support under any order or judgment.  

Number of Overnights Support Adjustment
Less than 36 0%
36 to 72 6%
73 to 91 9%
92 to 109 10%
110 to 115 13%
116 to 119 15%
120 to 125 17%
126 to 130 20%
131 to 136 23%
137 to 141 25%
142 to 147 27%
148 to 152 28%
153 to 158 29%
159 to 164 30%
165 to 170 31%
171 to 175 32%
176 to 180 33%
181 to 183 34%

B. If the Court finds that application of these rules, including the line 11 credit, are unjust and inappropriate, it may apply an overnight visitation or custody adjustment of over 34% and up to 50% based upon the circumstances of the parties. In particular, in deciding whether to apply an additional credit, the Court should consider the presence and amount of disparity between the incomes of the parties, giving more weight to those disparities in the parties’ income of less than 20%; as well as considering which parent is responsible for the majority of the non-duplicated fixed expenditures, such as routine clothing costs, costs for extracurricular activities, school supplies, and any other similar non-duplicated fixed expenditures.

C. Except as provided in the next paragraph, an adjustment on this line 11 shall not be allowed unless the adjusted monthly gross income of the parent entitled to receive support (line 3) exceeds the amounts set forth in the table below for the appropriate number of children.

1 Child 2 Children 3 Children 4 Children 5 Children 6 Children
$1,400 $1,700 $1,900 $2,100 $2,350 $2,550

 

These amounts represent the maximum adjusted monthly gross income to which the self-support reserve applies for the stated number of children.

Notwithstanding the amounts set forth in the table above, an adjustment may be given if:

  1. the parent entitled to receive support is unemployed or underemployed because the expenses of that parent are paid, in whole or in part, by a person with whom that parent cohabits, or

  2. the adjusted monthly gross income of the parent obligated to pay support (line 3) less the presumed child support amount (line 12) is equal to or less than the amounts set forth in the table above for the appropriate number of children.

D. The presumed child support amount is not unjust or inappropriate if the parent obligated to pay support receives an adjustment greater than 10% and up to 50% if that parent is awarded periods of overnight visitation or custody of more than 109 days per year without deviating from the presumed child support amount.

E. In any proceeding to establish a child support order or to modify the support payable under an existing order, the adjustment on line 11 may be rebutted if the parent obligated to pay support:

  1. without fault of the parent entitled to receive support, does not exercise the periods of overnight visitation or custody with the children who are the subject of this proceeding awarded under any order or judgment,

  2. does not incur significant duplicated fixed expenditures as a result of exercise of the periods of overnight visitation or custody awarded under any order or judgment, or

  3. without fault of the parent entitled to receive support, exercises the periods of overnight visitation or custody awarded under any order or judgment with some but not all the children who are the subject of this proceeding.