Child Support Custody & Visitation Time [Percentage] Calculation Method
**Please note**
The following information should be kept in a notebook in a safe place. You do not want others seeing this calculation and your notes. Further, you should keep a Custody Calendar. Only dates and times of pick-ups, drop-offs, ad notes go into this calendar on the dates and times that they occur. This document becomes admissible evidence for your case if proof becomes necessary regarding your calculations.
The Guideline California Child Support calculation is complex. The formula is found in Family Code Section 4055. The Child Support section commences at 4050.
Included in the formula is a percentage of time you spend with your children. It is critical that you calculate that time and know how you calculated the time. Failure to do so accurately could significantly impact the amount you pay or receive for Child Support. In order to save you attorney/paralegal fees and costs, The Law Collaborative has designed this tool to assist in calculating your percentage of time with your child(ren).
First: The Court looks at hours, not days. Therefore, issues are presented such as, who has daycare or school hours? The general answer is the parent who will be called in the event the child is ill or needs to be picked up. So on a normal day, it will be the parent who is to receive that child after school. If answering the general answer you answer that is not you, then the time belongs to the other parent.
Your time calculation commences at pick-up to drop-off back to school or the other parent.
Time calculation:
There are 168 hours in a week. 7 days at 24 hours.
There are 52 weeks in the year. 168 x 52 = 8736 hours in a year
1. Determine the average week with your child.
2. Calculate the hours. Then move on to the more complicated issues.
3. Then add holidays, Mondays that extend your weeks or weekends.
4. Then calculate the vacation time, birthdays, special days such as Mother’s Day and Father’s Day.
Don’t forget the off school days and special events!
Recall that when you calculate a week-long holiday, you may have already counted one weekend or three days of that week, so don’t double count.
Use an actual calendar and plot it out visually, if possible. You will be more accurate!
Once you total these you should have the percentage of time that approximates your correct percentage.
Remember, you can always validate and review this with us, but it is an expense and takes time, so you will be billed. However, if you are wrong, it could also cost you, both in additional negotiation, litigation and/or child support.