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CS worksheet question

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What is the name of your state? NCP is in NC

When looking at the calculations sheet for support, it has three choices for worksheets: Sole Custody, joint/shared custody and Split custody. Do they mean physical or legal? When I clicked on joint, it asks for number of overnights. When I put in the number (35), it said number cannot be less than 100.
 


Grace_Adler

Senior Member
Ok I've got the worksheets right here in front of me. Damn I wish I had a scanner so you can see them. These things are so freaking confusing!!

The worksheets don't go by sole as in someone having legal sole. Nor do they go by legal joint or physical joint ect. It goes strictly by the amount of time a child spends at someone's house. It's confusing as hell I know. You would think sole means someone who was awarded sole custody but it doesn't.

For worksheet A Sole;" Should be used when the obligee has physical custody of the children who are involved in the pending action for a period of time that is more than two-thirds of the year (more than 243 days a year with the CP.)

Worksheet B: Joint or Shared Physical Custody , "should be used when the parents share joint physical custody of the child(ren) for whom support is sought. Legal custody is not relevant with respect to this determination. Worksheet B should be usedif one parent has sole legal custody but, in fact, the parents excersice joint physical custody of the child(ren) as defined below. On the other hand, the worksheet should not be used simply because the parents share joint legal custody of the children.

Joint physical custody is defined as custody for at least one-third of the year (more than 122 overnights per year) not one-third of a shorter period of time, e.g. one -third of a particular month. For example child support would not be abated merely because the chld spends an entire month with one parent during the summer. Worksheet B should be used only if both parents have custody of the children for at least one-third of the year and the situation involves a true sharing of expenses, rather than extended visitation with one parent that exceeds 122 overnights. To be a true sharing of physical custody, costs for the child should be divided between the two parents based on their respective percentage shares of income. To the extent that one parent assumes a disproportionate share of costs (for example, one parent buys and of the child's clothes), the worksheet should not be used or should be modified accordingly.

In cases involving joint or shared physical custody, the basic child support obligation is multiplied by 1.5 to take into account the increased cost of maintaining two primary homes for the children. Each parent's child support obligation is calculated based on the percentage of time that the children spends with the other parent. The support obligations of both parents are thne offset agaainst each other, and the parent with the higher support obligation pays the difference between the two amounts."

Worksheet C: Split Custody: "is used when there is more than one child involved in the pending action and each parent has physical custody of at least one of the children."

Hope this helps. I know it is sooo confusing. Just let me know if you need anything else. I don't know if I can help or not but I'll try. I sure can't make heads or tails out of this stuff.

All this info and the directions are on the back of the worksheets, I had to go get them from the courthouse.

If you guys only have 35 stays then you would be using the sole custody worksheet.
 
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Grace, thanks so much for typing all of that out for me. Husband is actually the cp and ncp has child 35 nights total on a good year (where she has 4 nights every other year for Thanksgiving as well as half of the winter break in addition to her weekends). That's the max she can have, but she never exercises all of it. But I guess they go by what she is entitled to, right? Not what she exercises? And like I said, it goes down on odd years when we have the Thanksgiving break.

So I guess you're right. We would use the sole custody sheet.

Thanks again so much. It IS really confusing. And I didn't see those directions anywhere on the web site.
 

Grace_Adler

Senior Member
Not a problem, glad to help. ;)

Yeah when I looked back over the post I was like ooopps, I forgot you guys had custody. Sorry..LOL! :D

Yeah, don't you just love the way they give you the worksheets and don't include the directions? They are printed on the back of the worksheets and no one would know unless you physically went to the courthouse to get them. I still don't understand how to do it without the calculator. ????

Shoot, I don't even know if I'm using that right because I got curious and went to the website and decided to use it to impute my husband's ex's income and it never changed his amount he's paying. I even started putting in figures like $8000 a month under the plaitiff's name because it wasn't doing anything and I was like, to be sure this thing is broke. Well then I put it on his side and it changed it and lowered it. I don't understand why I had to put it on his side. I don't even remember what box I put it on. I have no idea if the thing is broke or if I just don't know how to use it. Well actually I know how to use the calculator so long as I don't have to figure up insurance or impute her income.

I also have the guidelines that show monthly income times # of kids that child support is supposed to be paid if you need that.
 
Ha. I know what you mean. I figure my husband (cp) is the plaintiff and she is defendant, since he would be the one taking her to court for support. But when I imputed her income at minimum wage, it still came out almost $100 higher than the attorney said it would be when she calculated it. So, I don't get it. I still think it's a shame that she could get away with mimimum payments, ah, but that's another post.

As for that other form, would I only need that if there is more than one child?
 

Grace_Adler

Senior Member
It shows the estimate for what should be paid for any amount of children according to what the monthly combined incomes are. It's the Proposed Monthly Basic Child Support Obligations. I think it's somewhere on the ncchildsupport.com website.
Ex. If there were one child and the combined gross monthly income was $2000 a month it would be $370 per month. For 2 children for income of $2000 it's $538.

Was that what you were talking about?
 

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