Does the Court take into consideration the amount of time each parent spends with the children?
The Guidelines contemplate that the obligor has regular contact, including vacation time, with his or her children, and that he or she makes direct expenditures on behalf of the children. When, however, the children spend 40% or more of their time during the year with the obligor, there is a rebuttable presumption that the obligor is entitled to a reduction in the basic support obligation to reflect this additional time. In determining the amount of time spent with the children, the court will only calculate the number of overnights the obligor spends with the children. The amount of the reduction is determined by a formula that relates to the amount of time the non-custodial parent spends with the child(ren).
