06 AM 29
0428
ADOPTED
Senators
Unterman of the 45th, Butler of the 55th, Miles of the 43rd, Thomas of the 2nd,
Tate of the 38th and others offered the following amendment:
Amend
SB 382 by striking the phrase "Parenting
Time Units" on line 4
of page 10 and inserting in its place the following:
Days
By
striking lines 21 through 35 of page 18, page 19 in its entirety, and lines 1
through 7 of page 20 and inserting in lieu thereof the following:
(g)
Parenting Time
Adjustment.
(1)
For purposes of this subsection, the term 'Day' means that a Child spends more
than 12 hours of a calendar day with or under the control of a Parent and that
Parent expends a reasonable amount of resources on the Child during such time
period directly related to the care and supervision of the Child. Partial days
of parenting time that are not consistent with this definition shall not be
considered a 'Day' under this Code Section. A Child is under the control of a
Parent when the Child is in the
Parent́s
home or at school, work related day care, or such activity as the Parent
expressly permits.
(2)
The Child Support Obligation Table is based upon expenditures for the Child in
intact households and therefore there is no consideration for cost associated
with court ordered visitation exceeding the standard visitation period with the
Noncustodial Parent, which, for purposes of this Table only, typically includes
a minimum of every other weekend from Friday through Sunday, two weeks in the
summer, and two weeks during holidays throughout the year, for a total of
approximately 80 days per calendar year.
(3)(A)
If the Noncustodial Parent is ordered more than 120 days of court ordered
visitation per calendar year with a Child, the Noncustodial
Parent́s
Basic Support Obligation may be reduced as provided in subparagraph (B) of this
paragraph.
(B)
Determine the Adjustment Percentage based upon the following
schedule:
|
Number
of Days
|
Adjustment
Percentage
|
|
121
- 136 Days
|
10
percent
|
|
137
- 151 Days
|
20
percent
|
|
152
- 166 Days
|
30
percent
|
|
167
- 181 Days
|
40
percent
|
|
182 or more Days
|
50
percent
|
(C)
Multiply the adjustment percentage by the Noncustodial
Parent́s
Basic Child Support Obligation, and the resulting number from this
multiplication may be subtracted from the Noncustodial
Parent́s
Basic Child Support Obligation to arrive at the Parenting Time Adjustment upon a
showing by the preponderance of the evidence that the Parenting Time Adjustment
is consistent with the best interests of the Child.
(D)
If there is more than one Child in the case with whom the Noncustodial Parent is
ordered more than 120 days of visitation per calendar year, and the Noncustodial
Parent is ordered different amounts of visitation time with each Child, then the
time the Noncustodial Parent is ordered with each Child shall be averaged to
determine the Parenting Time Adjustment.
(E)
If the Adjusted Incomes of the Parents are equal and the court ordered
visitation with each Parent is equal, neither Parent shall pay any Basic Child
Support Obligation; provided, however, that either Parent may be responsible for
additional support obligations, including a
Parent́s
pro rata share for Health Insurance, Work Related Child Care Costs, Uninsured
Health Care Expenses, and Deviations for Extraordinary Expenses as set forth in
subparagraph (i)(2)(I) of this Code section.
(4)
Where a Parenting Time Adjustment is ordered and the Noncustodial Parent fails
to exercise the court ordered visitation, the court shall have the power to
sanction the Noncustodial Parent to the same extent as is provided by law for
contempt of the court in any other action or proceeding cognizable by the court.
Any proceeding for compliance pursuant to this authority shall be a part of the
underlying action, and a motion for such enforcement shall not constitute the
filing of a new action or require the payment of a new filing fee.
(5)
In accordance with subsection (d) of Code Section 19-11-8, if any action or
claim for Parenting Time Adjustment is brought under this subsection, it shall
be an action or claim solely between the Custodial Parent and the Noncustodial
Parent, and not any third parties, including the Child Support Enforcement
Agency.