Credit for overnight stays with obligated parent

DIRECTIONS: Enter the monthly amount of any adjustment to which the parent obligated to pay support is entitled for a portion of the amounts expended on the children who are the subject of this proceeding during that parent's periods of overnight visitation or custody. The adjustment shall be 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. The fact that one or more children subject to the support order are over 18, and pursuant to Section 452.310.11, RSMo, no overnight custody or visitation has been ordered for the child or children over 18, does not preclude application of the adjustment when circumstances would support an adjustment for periods overnight time spent with the obligated parent. 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 low income calculations. For low income calculations, however, the credit for overnight visitation or custody 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.

(On Line 8, checking the "Force normal line 11 credit" box, which appears in low income cases, forces the credit for overnight visitation or custody to be applied against the basic support amount calculated using the income of both parents. The Supreme Court's instructions are ambiguous concerning this calculation and forcing the full, original overnight credit against an already discounted support obligation may unreasonably reduce the support obligation of the paying parent. Use this option with caution.)

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.

Overnights	Adjustment
< 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%

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.

Caveat: Except as provided in the next paragraph, an adjustment on 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
$1,450	$1,800	$2,100	$2,350	$2,650	$3,000

 

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.

COMMENTS:

A. If an award of custody results in a child or children spending substantially equal time with both parents, the adjustment for the obligated parent may be determined after considering all relevant factors, including those set forth in Assumption (12).

B. The presumed child support amount is not unjust or inappropriate if the parent obligated to pay support receives an adjustment greater than 10% if that parent is awarded periods of overnight visitation or custody of more than 109 days per year.

C. 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.