Guideline 6. Parenting Time Credit

Effective January 1, 2024

Commentary

Analysis of Support Guidelines.

The Indiana Child Support Guidelines are based on the assumption the child(ren) live in one household with primary physical custody in one parent who undertakes all of the spending on behalf of the child(ren). There is a rebuttable presumption the support calculated from the Guideline support schedule is the correct amount of weekly child support to be awarded. The total amount of the anticipated average weekly spending is the Basic Child Support Obligation (Line 4 of the Worksheet).

The Guideline support schedules do not reflect the fact, however, when both parents exercise parenting time, out-of-pocket expenses will be incurred for the child(ren)’s care. These expenses were recognized previously by the application of a 10% visitation credit and a 50% abatement of child support during periods of extended visitation. The visitation credit was based on the regular exercise of alternate weekend visitation which is equivalent to approximately 14% of the annual overnights. With the adoption of the Indiana Parenting Time Guidelines, the noncustodial parent’s share of parenting time, if exercised, is equivalent to approximately 27% of the annual overnights. As a result, these revisions provide a parenting credit based upon the number of overnights with the noncustodial parent ranging from 52 overnights annually to equal parenting time. As parenting time increases, a proportionally larger increase in the credit will occur.

Analysis of Parenting Time Costs.

An examination of the costs associated with the sharing of parenting time reveals two types of expenses are incurred by both parents, transferred and duplicated expenses. A third category of expenses is controlled expenses, that remain the sole obligation of the parent for whom the parenting time credit is not calculated. This latter category is assumed to be equal to 14.1% of the Basic Child Support Obligation.

Transferred Expenses.

This type of expense is incurred only when the child(ren) reside(s) with a parent and these expenses are “transferred” with the child(ren) as they move from one parent’s residence to the other. Examples of this type of expense are food and the major portion of spending for transportation. When spending is transferred from one parent to the other parent, the other parent should be given a credit against that parent’s child support obligation since this type of expense is included in the support calculation schedules. When parents equally share in the parenting, an assumption is made that 35.4% of the Basic Child Support Obligation reflects “transferred” expenses. The amount of expenses transferred from one parent to the other will depend upon the number of overnights the child(ren) spend(s) with each parent.

Duplicated Fixed Expenses.

This type of expense is incurred when two households are maintained for the child(ren). An example of this type of expense is shelter costs which are not transferred when the child(ren) move(s) from one parent’s residence to the other but remain fixed in each parent’s household and represent duplicated expenditures. The fixed expense of the parent who has primary physical custody is included in the Guideline support schedules. However, the fixed expense of the other parent is not included in the support schedules but represents an increase in the total cost of raising the child(ren) attributed to the parenting time plan. Both parents should share in these additional costs.

When parents equally share in the parenting, an assumption is made that 50% of the Basic Child Support Obligation will be “duplicated.” When the child(ren) spend(s) less time with one parent, the percentage of duplicated expenses will decline.

Controlled Expenses.

This type of expense for the child(ren) is typically paid by the custodial parent and is not transferred or duplicated. Controlled expenses are items like clothing, education, school books and supplies, ordinary uninsured health care and personal care. For example, the custodial parent buys a winter coat for the child. The noncustodial parent will not buy another one. The custodial parent controls this type of expense. “Education” expenses include ordinary costs assessed to all students, such as textbook rental, laboratory fees, and lunches, which should be paid by the custodial parent. The cost of participating in elective school activities such as sports, performing arts and clubs, as well as related extracurricular activities are “optional” activities covered by the paragraph on “Other Extraordinary Expenses” in Guideline 8.

The controlled expenses account for 15% of the cost of raising the child. The parenting time credit is based on the more time the parents share, the more expenses are duplicated and transferred. The controlled expenses are not shared and remain with the parent that does not get the parenting time credit. Controlled expenses are generally not a consideration unless there is equal parenting time. These categories of expenses are not pertinent for litigation. They are presented only to explain the factors used in developing the parenting time credit formula. The percentages were assigned to these categories after considering the treatment of joint custody by other states and examining published data from the Bureau of Labor Statistics’ Consumer Expenditure Survey.

Computation of Parenting Time Credit.

The computation of the parenting time credit will require a determination of the annual number of overnights of parenting time exercised by the parent who is to pay child support, the use of the standard Child Support Obligation Worksheet, a Parenting Time Table, and a Parenting Time Credit Worksheet.

An overnight will not always translate into a twenty-four hour block of time with all of the attendant costs and responsibilities. It should include, however, the costs of feeding and transporting the child, attending to school work and the like. Merely providing a child with a place to sleep in order to obtain a credit is prohibited.

The Parenting Time Table (Table PT) begins at 52 overnights annually or the equivalent of alternate weekends of parenting time only. If the parenting plan is for fewer overnights because the child is an infant or toddler (Section II A of the Parenting Time Guidelines), the court may consider granting the noncustodial parent an appropriate credit for the expenses incurred when caring for the child. If the parenting plan is for fewer overnights due to a significant geographical distance between the parties, the court may consider granting an appropriate credit. The actual cost of transportation should be treated as a separate issue.

If the parents are using the Parenting Time Guidelines without extending the weeknight period into an overnight, the noncustodial parent will be exercising approximately 96-100 overnights. The actual number of overnights may vary based on differing school calendars.

Parenting Time Table.

The TOTAL column represents the anticipated total out-of-pocket expenses expressed as a percentage of the Basic Child Support Obligation that will be incurred by the parent who will pay child support. The total expenses are the sum of transferred and duplicated expenses. The DUPLICATED column represents the duplicated expenses and reflects the assumption that when there is an equal sharing of parenting time, 50% of the Basic Child Support Obligation will be duplicated. The Number of Annual Overnights column will determine the particular fractions of TOTAL and DUPLICATED to be used in the Parenting Time Credit Worksheet.

From	To	Total	Duplicated
1	51	0.000	0.000
52	55	0.063	0.011
56	60	0.071	0.014
61	65	0.081	0.020
66	70	0.094	0.028
71	75	0.109	0.038
76	80	0.129	0.053
81	85	0.152	0.071
86	90	0.180	0.094
91	95	0.213	0.123
96	100	0.253	0.158
101	105	0.297	0.197
106	110	0.344	0.239
111	115	0.392	0.283
116	120	0.438	0.324
121	125	0.481	0.362
126	130	0.518	0.394
131	135	0.549	0.421
136	140	0.575	0.442
141	145	0.597	0.459
146	150	0.615	0.472
151	155	0.629	0.481
156	160	0.641	0.488
161	165	0.651	0.493
166	170	0.659	0.496
171	175	0.667	0.499
176	180	0.673	0.500
181	183	0.682	0.505

Application of Parenting Time Credit.

Parenting Time Credit is not automatic. The court should determine if application of the credit will jeopardize a parent’s ability to support the child(ren). If such is the case, the court should consider a deviation from the credit.

The Parenting Time Credit is earned by performing parental obligations as scheduled and is an advancement of weekly credit. The granting of the credit is based on the expectation the parties will comply with a parenting time order.

A parent who does not carry out the parenting time obligation may be subject to a reduction or loss of the credit, financial restitution, or any other appropriate remedy. However, missed parenting time because of occasional illness, transportation problems or other unforeseen events should not constitute grounds for a reduction or loss of the credit, or financial restitution.

Consistent with Parenting Time Guidelines, if court action is initiated to reduce the parenting time credit because of a failure to exercise scheduled parenting time, the parents shall enter mediation unless otherwise ordered by the court.

Contents of Agreements/Decrees.

Orders establishing custody and child support shall set forth the specifics of the parties’ parenting time plan in all cases. A reference to the Indiana Parenting Time Guidelines will suffice if the parties intend to follow the Guidelines. All such entries shall be accompanied by a copy of the Child Support Obligation Worksheet and the Parenting Time Credit Worksheet.

In every instance the court shall designate one parent who is receiving support and shall order payment of uninsured health care expenses.

If the court determines it is necessary to deviate from the parenting time credit, it shall state its reasons in the order.

Calculating Parenting Time Credit When a Parent Spends Different Number of Overnights With Their Children.

In families with multiple children, a noncustodial parent may not exercise equal amounts of overnight parenting with all the children. In this case, please use this methodology to calculate the parenting time credit.

Step 1: Determine the parenting time credit for the total number of children and each different set of overnights, assuming all the children are exercising the same number of overnights.

For example, if the custodial parent makes $850.00 weekly and the noncustodial parent makes $600.00, there are three children and child 1 spends 56 overnights, child 2 spends 120 overnights and child 3 spends 180 overnights, three parenting time credits will be determined for 3 children at 56 overnights (PTC), 120 overnights (PTC) and 180 overnights (PTC).

Step 2: Average the different overnight parenting time credit dollar amounts.

For example, $28.95 + $134.94 + $206.95 = $370.84 total, divided by 3. The resulting Parenting Time Credit is $123.61.

Step 3: The averaged parenting time credit shall then be entered on Line 7 of the Child Support Obligation Worksheet for the noncustodial parent.

The above procedure is consistent with the holding in Blanford v. Blanford, 937 N.E.2d 356 (Ind. Ct. App. 2010).

Split Custody and Child Support.

In those situations where each parent has physical custody of one or more children (split custody), the child support calculation will require two different worksheets in order to account for the fact the first child in each home is the most expensive to support, as discussed in the Commentary to Guideline 1.

The suggested manner of computing the Child Support Obligation is as follows:

1. First, compute the support a parent (“Pat”) would pay to the other parent (“Taylor”) for the child(ren) in Taylor’s custody as if there were no other child(ren). Pat should receive parenting time credit for overnights with the child(ren) in Taylor’s custody.

2. Next, compute the support Taylor would pay to Pat for the child(ren) in Pat’s custody as if there were no other child(ren). Taylor should receive parenting time credit for overnights with the child(ren) in Pat’s custody.

3. Finally, subtract the lesser child support obligation from the greater child support obligation. The parent who owes the remaining amount pays the difference to the other parent on a weekly basis. For example, if the first worksheet shows Pat should pay $100.00 per week to Taylor and the second worksheet shows Taylor should pay $75.00 per week, then Pat should pay Taylor $25.00 per week in child support.

Child Support When Parenting Time is Equally Shared.

A frequent source of confusion in determining child support arises in cases where parents equally share the parenting time with the children. Parenting time is considered equally shared when it is 181 to 183 overnights per year. To determine child support in these cases, either the mother or father must be designated as the parent who will pay the controlled expenses. Then, the other parent is given the parenting time credit. The controlled expenses remain the sole obligation of the parent for whom the parenting time credit is not calculated.

When both parents equally share parenting time, the court must determine which parent will pay the controlled expenses. If, for example, father is the parent paying controlled expenses, the parenting time credit will be awarded to the mother.

Factors courts should use in assigning the controlled expenses to a particular parent include the following areas of inquiry:

• Which parent has traditionally paid these expenses.

• Which parent is more likely to be able to readily pay the controlled expenses.

• Which parent more frequently takes the child to the health care provider.

• Which parent has traditionally been more involved in the child's school activities (since much of the controlled expenses concern school costs, such as clothes, fees, supplies, and books).

This determination requires a balancing of these and other factors. Once the court assigns responsibility for these controlled expenses, the court should award the other parent the parenting time credit. When the assignment of the controlled expenses occurs, calculation of the child support in shared custody situations is fairly basic, and is completed by application of the remainder of these Guidelines.

Cost of Transportation for Parenting Time.

The Parenting Time Guidelines require the noncustodial parent to provide transportation for the child(ren) at the start of the scheduled parenting time, and the custodial parent to provide transportation for the child(ren) at the end of the scheduled parenting time. There is no specific provision in the Child Support Guidelines for an assignment of costs or a credit for transportation on the child support worksheet. Transportation costs are part of the transferred expenses. When transportation costs are significant, the court may address transportation costs as a deviation from the child support calculated by the Worksheet, or may address transportation as a separate issue from child support. Consideration should be given to the reason for the geographic distance between the parties and the financial resources of each party. The relocation statute provides that one factor in modifying child support in conjunction with parent relocation is the hardship and expense involved for the nonrelocating individual to exercise parenting time.

Version History

Effective	Obsolete	Amended
current	-	-
01-01-2020	01-01-2024	10-17-2023

The version history for the Indiana Child Support Rules & Guidelines goes back only to January 1, 2020. For earlier versions, please see one of the many publishers of Indiana Rules of Court.