Statutes: Guam

(a) A parent has shared physical custody (or shared custody) of children for purposes of this guidelines if the children reside with that parent for a period specified in writing in the custody order of at least 40 percent, but no more than 60 percent, of the year, regardless of the status of legal custody.

(b) The child support order must state that failure to exercise sufficient physical custody to qualify for shared physical custody under this rule is grounds for modification of the child support order. Denial of visitation by the custodial parent is not cause to increase child support.

(c) Because shared physical custody presumes that certain basic expenses for the children will be duplicated, an adjustment for shared physical custody is made by multiplying the basic child support obligation by one and fifty hundredths (1.50) or one hundred fifty percent (150%).

(d) Section 1203 (a) through (d) shall apply in shared physical custody situations.

(e) The basic child support obligation shall be determined as follows:

(1) Each parent’s Adjusted Gross Income is divided by the Combined Adjusted Gross Income to get the percentage share of income of each parent.

(2) The Combined Adjusted Monthly Gross Income figure shall be located on the Schedule of Basic Child Support Obligation, matching it to the column for the number of children involved. Take the amount of the Basic Child Support Obligation and multiply it by 1.5 to determine the Shared Physical Care Support Obligation.

(3) Multiply the Shared Physical Care Support Obligation by the percentage share of income of each parent. This is each parent’s portion of Shared Physical Care Support Obligation.

(4) Determine the number of overnights with each parent (this answer must total 365). Take the number of overnights with each parent and divide by 365 to determine the percentage of time with each parent. If the overnights with either parent is less than 146, use Worksheet A for sole custody situations.

(5) Take each parent’s portion of Shared Physical Care Support Obligation and multiply it by the percentage of time of the other parent to get the Support Obligation for Time with Other Parent.

(f) The total child support obligation shall be determined as follows:

(1) To the Support Obligation for Time with Other Parent, any of the following necessary expenses may be added by the court: child care costs, extra education expenses, and older child adjustment (see Section 1203(e)(1) through (3)).

(2) Add the Total Necessary Expenses for Each Parent. Then add both parents’ Total Necessary Expenses to get the Combined Necessary Expenses. Each parent’s share of Necessary Expenses is determined by multiplying the Combined Necessary Expenses by each parent’s Percentage Share of Income.

(3) To determine whether expenses paid by either parent is in excess of their fair share, subtract Each Parent’s Share of Necessary Expenses from the Total Necessary Expenses for that parent. If the number is negative, enter zero. To determine Each Parent’s Adjusted Support Obligation, subtract the Expenses Paid in Excess of Fair Share from the Support Obligation for Time With Other Parent.

(4) The Recommended Child Support Order is determined by subtracting the lesser amount from the greater amount of Each Parent’s Adjusted Support Obligation and enter result under greater amount.