One of the major factors used in calculating California guideline Child Support is the amount of time that each parent spends with the minor child / children.  This is typically referred to as the “timeshare.”  This is also commonly referred to as custody percentage.  If the timeshare is incorrectly calculated, it will lead to a child support order that is higher or lower than the actual guideline support. 

Calculating the correct timeshare, or custody percentage, requires knowing the exact amount of hours the children spend with each parent on an average monthly  or annual basis.  This will be determined by the child custody and visitation arrangement that was ordered by the court or agreed to between the parties.  It may include weekend, weekly, or monthly visitation schedules and often will have some holiday, or vacation add on time that needs to be considered.

Start by writing down your basic parenting time or visitation schedule.  Add each of the hours up according to chart below and determine the average time that you spend with your child/ children.  

Period of TimeConversion
1 Day24 hours
1 Week168 hours
2 Weeks336 hours
1 Year8,760 hours
1 Year52 weeks
Every other weekend26 weekends/year
1st/3rd/5th weekends28 weekends/year

This process can be confusing.  It is always advisable to consult with an attorney when it comes to an issue of disputed child support and child custody issues.  The Law Offices of Sean M. Patrick has significant experience, and a winning track record on issues of child support, and child custody issues.  Contact our office today for a free telephone consultation.  

(916) 226-6062

Custody in California
In California, there are two types of child custody that parents can have – physical custody and legal custody. These custody orders can be granted jointly or to a single parent. Custody can have a significant effect on the amount that a court will award for child support.
Physical Custody
Physical custody means the parents provide daily care to the child. When the court orders joint physical custody is typically synonymous with a 50-50 parenting time arrangement but it is not required for there to be 50-50 parenting time for there to be joint physical custody. So long as each parent has significant periods of time with the children, joint physical custody is appropriate. Typically joint physical custody generally has to be more than 35% and typically 40% or more but realize currently there are not any rules regarding this issue.
Legal Custody
Legal custody means the parents share the decision making responsibility regarding the child’s health, safety, education and welfare. If parents are awarded joint legal custody of a child, the court requires the parents to communicate and co-parent. Neither parent can make decisions that are important in a child’s life without involving the other parent and obtaining the other parent’s consent. These include decisions regarding health and medical, education, extracurricular activities, and anything that is of significance to the child. Even attendance in religious activities can be covered under a joint legal custody order.
However, joint legal custody does not necessarily prevent the judge from making orders over certain aspects of the child’s life. Often times, when one parent is far better equipped to make these critical decisions or the other parent is simply unfit to deal with such issues the judge will evaluate whether joint legal custody is the appropriate order.
Custody issues can be complex even where both parents agree. It is important to have a skilled family law attorney to help you through the process and evaluate how changing custody can affect other issues in your family law case.
If you have a California Custody case, Contact the Law Offices of Sean M. Patrick for a consultation regarding your rights under California’s laws regarding child custody and visitation.