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Substantial Time Sharing Adjustment

In situations where the parent paying child support has a substantial amount time-sharing with the child/children, it would only seem fair or equitable for the paying parent to get an adjustment that takes that fact into account. In Orlando, Tampa and throughout Florida, when a paying parent has time-sharing or visitation with the child for at least 20% of all overnight visits had during the year, the court must adjust the award of child support. Substantial time-sharing is considered to be time-sharing that includes at least 20% of all overnight visits had during the year.

Fla. Stat. § 61.30(11)(b) provides that whenever a particular parenting plan, a court-ordered time-sharing schedule, or a time-sharing arrangement exercised by agreement of the parties provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support, as follows:

  1. Calculate the amount of support obligation apportioned to each parent by multiplying the minimum child support need (the number in child support guidelines chart) by each parent’s percentage share of the combined monthly net income. Do not include day care and health insurance costs in the calculation and multiply the amount by 1.5.
  2. Calculate the percentage of overnight stays the child spends with each parent.
  3. Multiply each parent’s support obligation as calculated in subparagraph 1. by the percentage of the other parent’s overnight stays with the child as calculated in subparagraph 2.
  4. The difference between the amounts calculated in subparagraph 3. shall be the monetary transfer necessary between the parents for the care of the child, subject to an adjustment for day care and health insurance expenses.
  5. Calculate the net amounts owed by each parent for the expenses incurred for day care and health insurance coverage for the child.
  6. Adjust the support obligation owed by each parent pursuant to subparagraph 4. by crediting or debiting the amount calculated in subparagraph 5. This amount represents the child support which must be exchanged between the parents.
  7. The court may deviate from the child support amount calculated pursuant to subparagraph 6. based upon the deviation factors, as well as the obligee parent’s low income and ability to maintain the basic necessities of the home for the child, the likelihood that either parent will actually exercise the time-sharing schedule set forth in the parenting plan, a court-ordered time-sharing schedule, or a time-sharing arrangement exercised by agreement of the parties, and whether all of the children are exercising the same time-sharing schedule.
  8. For purposes of adjusting any award of child support under this paragraph, “substantial amount of time” means that a parent exercises time-sharing at least 20 percent of the overnights of the year.

As seen above, the substantial time sharing adjustment calculation can be somewhat complicated. It is best to consult with an expereinced Orlando or Tampa divorce lawyer if you have questions about whether the substantial time sharing adjustment applies and if you have questions about how to calculate the adjustment. 

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