Step 3: Determine the type of custody arrangement

The Federal Child Support Guidelines recognize three types of custody arrangements:

• sole custody
• split custody
• shared custody

Sole custody
The Federal Child Support Guidelines use the term "sole physical custody" to refer to all arrangements where the child lives less than 40 percent of the time, over the course of the year, with the paying parent. In all sole custody cases, the amount of child support shown in the table applies in a straightforward manner.

If you have a sole custody arrangement, you may wish to read the example and then go to Step 4 Choose the appropriate federal table.

Split custody
This is where each parent has sole custody of one or more of the children.

In this situation, each parent must calculate how much child support is payable to the other parent for the child or children in the custody of the other parent, in accordance with the Federal Child Support Tables.

Any special expenses are divided between the parents in proportion to each parent. s income. Then, the parent required to pay the higher amount pays the difference between the two amounts to the other parent.

Shared custody 
Some parents have a custody arrangement that they call "joint custody". They use this term to mean that both parents have responsibility and authority for the care and control of the child. This term can cause confusion because it can mean:

• joint "physical" custody where the child actually lives with each of the two parents on a near-equal basis; or

• joint "legal" custody that does not relate to where the child lives but rather to the fact that each parent has an equal voice in the child's education, upbringing and general welfare.

The guidelines use the term "shared custody" rather than "joint custody." The term shared custody applies if the paying parent has the children in his or her care at least 40 percent of the time over the course of the year. In shared custody situations, the guideline amounts will not automatically apply. Parents may agree on a different amount or the court may order a different amount. If parents ask the court to decide, the court will consider:

• the appropriate table amount for each parent;
• the increased costs of shared custody arrangements; and
• the financial circumstances and needs of the child and each parent (for example, who pays most of the child's day-to-day expenses).

In shared custody situations, the court may award an amount either higher or lower than the table amount. To qualify as a shared custody arrangement, each parent must have physical custody or access to the children for at least 40 percent of the time.

Examples

Return to Step 2: Determine the number of children
Go to Step 4:     Choose the appropriate federal table