3 The Guidelines intend for the court to deviate (in an amount to be determined) on a case-by-case basis when the payor parent has more than 141 nights with a child(ren). This discretionary deviation shall also apply when the parents each have the child(ren) for approximately 50% of the time. In particular, in deciding whether to apply an additional credit, the court should consider the presence and amount of disparity between the income of the parties, giving more weight to those disparities in the parties’ income of less than 20% and considering which parent is responsible for the majority of the non-duplicated fixed expenditures, such as routine clothing costs, costs for extracurricular activities, school supplies, and any other similar non-duplicated fixed expenditures.This discretionary adjustment is based on the number of overnights, or overnight equivalents, that a parent spends with a child pursuant to a court order. For purposes of this section, overnight equivalents are calculated using a method other than overnights if the parent has significant time periods on separate days when the child is in the parent’s physical custody, under the direct care of the parent, but does not stay overnight.
Structure Arkansas Code
Title 9 — Appendix Administrative Order Number 10 — Child Support Guidelines
Title 9 — Appendix Administrative Order Number 10 — Child Support Guidelines
section I. Authority and Scope
section II. Use of the Guidelines
section IV. Health Insurance, Extraordinary Medical Expenses, and Childcare Costs