How do you calculate Custody percentage?

[longislandguy]

What is the name of your state (only U.S. law)? NY

I have Every Other weekend Friday 6pm - Monday 8am
Every Tuesday 4pm - Wednesday 8am
and 21 days over the summer.

My math is say the EOW is 78 overnights, the Tuesdays are 52 overnights and 21 days in the summer so a total of 151 overnights or 41.4% but my ex is saying this is actually 35%.

I don't know how she's getting the 35%, i just want to make sure i'm doing the math right I just can't figure it out

 

[CJane]

What is the name of your state (only U.S. law)? NY

I have Every Other weekend Friday 6pm - Monday 8am
Every Tuesday 4pm - Wednesday 8am
and 21 days over the summer.

My math is say the EOW is 78 overnights, the Tuesdays are 52 overnights and 21 days in the summer so a total of 151 overnights or 41.4% but my ex is saying this is actually 35%.

I don't know how she's getting the 35%, i just want to make sure i'm doing the math right I just can't figure it out

It's easiest to count the # of overnights you have with the child in a 14 day period.
In your case, that is 5.
5 is 35% of 14.

That's where your ex is getting 35%.

Your calculation is only correct if, even during the summer, you maintain the EOW and Tuesdays IN ADDITION TO your 21 days of summer vacation time.

 

[longislandguy]

It's easiest to count the # of overnights you have with the child in a 14 day period.
In your case, that is 5.
5 is 35% of 14.

That's where your ex is getting 35%.

Your calculation is only correct if, even during the summer, you maintain the EOW and Tuesdays IN ADDITION TO your 21 days of summer vacation time.

Thank you, i have to look over my order and see if it says if the EOW and Tuesdays continue over the summer. Is one way more common then the other?

 

[CSO286]

Thank you, i have to look over my order and see if it says if the EOW and Tuesdays continue over the summer.

The thing to also take into consideration is that you don't get to double count those Tuesdays and the EOW that falls during your 21 summer days (which means you subtract those 3 tuesdays and 1-2 weekends). Or are you taking your 21 summer days around the tuesdays/EOW (which means you add the 21 days to your regularly scheduled days)???

 

[CJane]

Thank you, i have to look over my order and see if it says if the EOW and Tuesdays continue over the summer. Is one way more common then the other?

I don't think one way is more common than the other. Some orders suspend regular visitation in the summer and simply award a portion of summer to each parent. Some continue the regular visitation plan, with extended periods for each parent (which is what I suspect yours does).

 

[LdiJ]

The thing to also take into consideration is that you don't get to double count those Tuesdays and the EOW that falls during your 21 summer days (which means you subtract those 3 tuesdays and 1-2 weekends). Or are you taking your 21 summer days around the tuesdays/EOW (which means you add the 21 days to your regularly scheduled days)???

That is one of the more common mistakes that people make. They double count some of the summer and holiday visitation.

So...if you get 21 uninterrupted days and mom also gets 21 uninterrupted days then you deduct 6 weeks from 52 to set 46 weeks. Now holidays vary but generally you can count on about two weeks of holidays for each of you, so you take another 4 weeks off the total to make it 42 weeks.

Then its 42 times 1 weeknight - 42
21 x 2 weekend nights - 42
21 days of summer - 21
14 days of holidays -
That equals 119 overnights.

119/365 = 32.5%

If mom doesn't get the 21 days of uninterrupted summer time then you would add back 5 days and that would make it 124/365 = 34%

if the holidays work out a bit differently then you might add back another 3 days or so 127/365 = 35%

In any case, your figures definitely double counted the weekends and the single weekday during your summer time.

 

[longislandguy]

It does say weekend visitation continues, i'm not sure about the tuesdays.

this is what it says:
Vacations: Weekend visitation continues over the summer. The Father shall be entitled to twenty one (21) days of vacation with the child. Not to exceed more than Ten (10) uninterrupted days at one time. The father shall use every effort to notify the Mother by June 1st of his intended days of vacation.

Can i just use days other than the tuesdays or weekends that i already have? like take if from wednesday at 8am - tuesday at 4pm on one of her weekends?

 

[LdiJ]

It does say weekend visitation continues, i'm not sure about the tuesdays.

this is what it says:
Vacations: Weekend visitation continues over the summer. The Father shall be entitled to twenty one (21) days of vacation with the child. Not to exceed more than Ten (10) uninterrupted days at one time. The father shall use every effort to notify the Mother by June 1st of his intended days of vacation.

Can i just use days other than the tuesdays or weekends that i already have? like take if from wednesday at 8am - tuesday at 4pm on one of her weekends?

The problem with that dad is that it can end you back in court. Why? Because that would cause you to take the bulk of the summer weekends. Normally you would be expected to take vacation time that includes your normal parenting time.

Lets say that summer is 10 weeks long. Therefore, 5 of those weekends are your scheduled weekends. If you arrange your vacation time so that it always avoids your normal parenting time, and always takes one of mom's weekends, then you end up with 8 of the 10 summer weekends, and mom only gets 2. The judge won't like that. You might get away with it for one summer, but its pretty much guaranteed that mom would take you back to court to get the judge to order that either she get the same 21 days and that she can also take YOUR weekends to do that, or you will each be ordered to take your vacation time so that the 21 days include your regular parenting time.

 

[longislandguy]

Hi LdiJ, I'm sorry if it seems like i'm second guessing but i think you missed a number. I my EOW is Friday, Saturday & Sunday overnights

Then its 45 times 1 weeknight - 45
22 x 3 weekend nights - 66
21 days of summer - 21
14 days of holidays - 14
That equals 145 overnights.

145/365 = 39.72%

I never thought about holidays in the calculation! Thank you, i always assumed that they equaled out so didn't need to be counted

That is one of the more common mistakes that people make. They double count some of the summer and holiday visitation.

So...if you get 21 uninterrupted days and mom also gets 21 uninterrupted days then you deduct 6 weeks from 52 to set 46 weeks. Now holidays vary but generally you can count on about two weeks of holidays for each of you, so you take another 4 weeks off the total to make it 42 weeks.

Thank you again for the equation!

 

[CJane]

Hi LdiJ, I'm sorry if it seems like i'm second guessing but i think you missed a number. I my EOW is Friday, Saturday & Sunday overnights

Then its 45 times 1 weeknight - 45
22 x 3 weekend nights - 66
21 days of summer - 21
14 days of holidays - 14
That equals 145 overnights.

145/365 = 39.72%

I never thought about holidays in the calculation! Thank you, i always assumed that they equaled out so didn't need to be counted

They AREN'T counted in my state, so it's something you might not want to bank on, as it can vary.

Your weekends continue in the summer - your Tuesday does not, or the order would specify that it did. You are allowed 21 days of vacation, which the court prefers you to take in blocks (not 21 days here and there), but doesn't want you to take more than 10 days at once.

As Ldi said, you should NOT use this time to usurp all of Mom's time/weekends, or you will end up back in court.

Take out the holidays (because I assume Mom gets holidays as well, and it IS a wash), and you're still at 35/36%.

 

[LdiJ]

Hi LdiJ, I'm sorry if it seems like i'm second guessing but i think you missed a number. I my EOW is Friday, Saturday & Sunday overnights

Then its 45 times 1 weeknight - 45
22 x 3 weekend nights - 66
21 days of summer - 21
14 days of holidays - 14
That equals 145 overnights.

145/365 = 39.72%

I never thought about holidays in the calculation! Thank you, i always assumed that they equaled out so didn't need to be counted



Thank you again for the equation!

The holidays might not be quite as much as 14 days...but you would be likely be within 2 or 3 days so that calculation works pretty well. You don't actually have to count the holidays (since they do even out) but you do have to deduct them from the total days if you disregard them, or the percentage doesn't work.

 

[CJane]

Also, I assume you're doing the calculation to assist you in determining a credit for child support, given your other thread.

If that's the case, it probably makes no difference whether you have the child 35% of the time or 40% of the time.

In my state, the court MAY (not SHALL) give a credit for parenting time, but it's based on a scale as follows:

10% - 20% of overnights 6%
20% - 25% of overnights 9%
25% - 30% of overnights 10%

 

[longislandguy]

The holidays might not be quite as much as 14 days...but you would be likely be within 2 or 3 days so that calculation works pretty well. You don't actually have to count the holidays (since they do even out) but you do have to deduct them from the total days if you disregard them, or the percentage doesn't work.

Unfortunately NY doesn't seem to have a 'standard' plan so we are sorta letting our lawyers run with the writing of the order(not always a good idea, but i don't think either one of us wants to 'screw' the other, we pretty much get along) We haven't figured out a holiday schedule yet.

I *think* my ex is being pretty fair with the agreeing to 35-40% for me, so i'm trying to not fight with her too much about the holidays and summer agreement

 

[longislandguy]

Just to finalize this thread before i close it.

We came to an agreement in court last friday, EOW Friday 7pm- Monday 9am(or start of school)
Every Tuesday after school (or 4pm)- Wednesday 9am(or start of school)
3 non-consective weeks over the summer (Both EOW and Tuesday overnights continue over the summer)
The holiday schedule, i don't have memorized, but from what i remember it was a pretty even split

So, taking away my 3 weeks for summer(the order doesn't mention summer time for my ex at all) and the 4 weeks for holidays(2 for me 2 for ex) that leaves me with 45 weeks
EOW - 22 x 3 = 66 overnights
Every Tuesday-wednesday = 45
3 weeks summer = 21
2 weeks Holidays = 14

Total = 146 overnights or exactly 40%

That's not bad, right? and that if Every one of my summer weeks uses my friday-saturday-sunday & Tuesday overnights, so it's the lowest percentage....If i have one out of three summer weeks that uses her weekend instead of mine, that percentage goes up.

 

[LdiJ]

Just to finalize this thread before i close it.

We came to an agreement in court last friday, EOW Friday 7pm- Monday 9am(or start of school)
Every Tuesday after school (or 4pm)- Wednesday 9am(or start of school)
3 non-consective weeks over the summer (Both EOW and Tuesday overnights continue over the summer)
The holiday schedule, i don't have memorized, but from what i remember it was a pretty even split

So, taking away my 3 weeks for summer(the order doesn't mention summer time for my ex at all) and the 4 weeks for holidays(2 for me 2 for ex) that leaves me with 45 weeks
EOW - 22 x 3 = 66 overnights
Every Tuesday-wednesday = 45
3 weeks summer = 21
2 weeks Holidays = 14

Total = 146 overnights or exactly 40%

That's not bad, right? and that if Every one of my summer weeks uses my friday-saturday-sunday & Tuesday overnights, so it's the lowest percentage....If i have one out of three summer weeks that uses her weekend instead of mine, that percentage goes up.

Re the bolded: I can just about guarantee that if your summer schedule doesn't allow for any vacation weeks for mom that you will be right back in court to get that added the minute you don't cooperate with mom taking vacation with the child...or try to make mom give you makeup time in order to take a vacation with the child.

So I do recommend being smart about that and recognizing that mom is also entitled to vacation with the child.