Logistics of Equal Parenting Time in Action

 Posted on April 20, 2018 in Child Custody

As discussed in our previous post, a group of Illinois lawmakers and parental rights activists are trying to change the state’s stance toward equal parenting time. The proposed legislation would instruct courts to presume that a 50/50 division of parenting time is in the best interest of the children unless the parents can prove otherwise. The change could result in an increase in the number of 50/50 parenting agreements that courts approve. However, what are the logistical consequences of equal parenting time? There are ways that such a division changes how parents construct their agreements.

Parenting Schedule

An equal division of parenting time requires a more complex parenting time schedule than with a more traditional agreement. The parents can use:

• A week-based schedule, in which each parent would have the children for one or two weeks at a time;
• A 3-4-4-3 schedule, in which each parent receives a three-day and four-day block during a two-week period;
• A 2-2-5-5 schedule, in which each parent receives a two-day and five-day block during a two-week period;
• A 2-2-3 schedule, in which both parents have a two-day block each week and one parent has an additional three-day block every other week; or
• An alternating two-day schedule, in which parenting time is consistently divided into two-day intervals.

Decision-Making

In the allocation of parental responsibilities, decision-making is separate from parenting time. With their parenting time equal, parents may also want equal decision-making powers over important aspects of their children’s lives. However, they should consider the parameters of equal decision-making responsibilities:

• What types of decisions will require both parents’ permission?; and
• Does one parent have the right to make a decision on his or her own in the event of an emergency?

Child Support

The division of parenting time became less important to child support when Illinois changed its system to an income shares model. The system determines which parent receives the support payments based on who has the lesser income. A 50/50 division of parenting time does mean that the paying parent will qualify for a shared parenting reduction. Child support in a 50/50 parenting agreement is calculated by multiplying the normal child support obligation by 1.5 and then subtracting the smaller amount from the larger amount. The parent who earns more will pay the difference.

Join the Discussion

Illinois House Bill 4113 is currently being debated in the Restorative Justice Committee. Those interested in the law can keep up on its status by visiting www.ilga.gov. At my.ilga.gov, you can check for the next scheduled hearing and give your opinion by filing a witness slip. A Kane County family law attorney at Goostree Law Group can also help answer questions you have about Illinois’ parenting laws. Schedule a free consultation by calling 630-584-4800.

Source:

https://www.custodyxchange.com/examples/schedules/50-50/