(3)__Using the enhanced total support obligation, a theoretical parental support obligation must be determined for each party as though the party were the nonprimary residential care provider under subsection 4.

(4)__The party with the higher annual gross income has a presumptive obligation to pay the other party the lower of:

(a)__The difference between their parental support obligations as calculated in subparagraph (3); and

(b)__The presumptive parental support obligation determined for the payor party under the support guidelines as though the other party provided primary residential care of the child.

Sec. 5. 19-A MRSA §2007, sub-§3, ķA, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.

SUMMARY

This bill addresses several problems in current law. It provides a standard for the courts and the parties in cases where the parents provide substantially equal parenting for the child but have unequal incomes. Current child support guidelines are silent on this matter.

The bill provides a presumptive calculation in cases where the parents provide substantially equal care for the child. Current child support guidelines permit a deviation but provide no guidance for a presumptive determination of the amount of the deviation.

The presumptive calculation contains a recognition that when both parents have substantial residential responsibility and each provides a home for the child, the child expenditure is likely to be significantly greater than it would be if the child were living primarily with one parent. The 1.5 multiplier in the calculation takes into account the increased costs of 2 households providing shared residence.

The bill eliminates the current specific child support deviation criterion that is based upon 30% residential care of