The amount of time each parent spends with the children has always been a heated debate. Changes to the law a few years ago have made it even more heated.
Normally, child support is set according to the child support guidelines. This is a chart that determines the amount of support to be paid according to the payer’s income but when the parties share joint custody, the amount of support can be reduced. Shared custody means that each parent has the children in their care more than 40% of time. Lawyers call it “the 40% rule”.
Often arguments ensue regarding the motivation of the paying parent. Do they really want the child with them more than 40% of the time because they want to be an involved parent, or are they simply trying to reduce their child support obligation? Likewise, is the resistance to increasing the amount of time just to keep child support higher? The accusations can fly back and forth.
It is complicated. The core concerns of the parties may be much deeper than just the amount of child support to be paid. The relationship each parent has with their child may be at stake. Perhaps there are fears about being able to afford to maintain a particular lifestyle. Maybe the amount of time they have with the children affects their self-image as a parent. Maybe it’s about how their friends and family perceive them as a parent. There are many underlying reasons for taking a particular position on shared parenting.
Collaborative practice is well suited to deal with this issue. In Collaborative practice, the family coach will meet with both parties and help them craft a parenting plan that is best for the children and agreeable to both parents. The family coach will gain a deep understanding of what is important to each parent, and bring the voice of the children into the process, so that the best arrangement can be achieved.
We will have a full discussion of what is important to the parties and unpack your underlying core concerns so that we can develop a resolution that addresses both you and your spouse’s values and motivations.
If you are faced with issues related to the 40% rule, let us help you resolve them through Collaborative Practice.