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Conrad v. Conrad6/4/2002
s incurring significant additional expenses, but there is no evidence in the record of such. In contending that the record supports the trial court's rebuttal of its PCSA on the basis given by the trial court, despite any evidence that he would incur any additional expenses as a result thereof, Husband essentially asks us to adopt, for purposes of rebutting the PCSA based on NCO overnight visitation, the same rationale on which the adjustment (OVA) found at Line 11 of the Form 14 PCSA calculation for court-ordered overnight visitation is predicated. We reject this proposition for the reasons discussed, infra.
Line 11 of Form 14 sets out the OVA, which is a percentage adjustment to the "basic child support amount," found at Line 5 of Form 14, "for a portion of the amounts expended during periods of overnight visitation or custody." The OVA is limited to "court-ordered (CO)" visitation, the Line 11 DIRECTION providing, in pertinent part: "This adjustment is based on the number of periods of overnight visitation or custody per year awarded to and exercised by the parent obligated to pay support under any order or judgment." (Emphasis added.) Based on the "number of overnight periods" ordered, the Line 11 DIRECTION sets out a table for calculating the OVA:
% of Year Number of Overnight Periods Adjustment
-- Less than 36 0%
10%-20% 36-72 6%
20%-25% 73-91 9%
25%-30% 92-109 10%
The Line 11 DIRECTION further provides for an OVA greater than 10% if the parent obligated to pay support is awarded overnight periods exceeding 109 periods per year.
To receive a Line 11 OVA for CO overnight visitation, the parent obligated to pay support does not have to prove actual expenses, but receives the applicable adjustment based on the number of overnight periods awarded. Line 11 DIRECTION. This is so in that the OVA table presumes that the obligor will incur certain expenses. This presumption is predicated on Assumption 12 of the Form 14 Assumptions, which provides:
(12) With respect to the adjustment for a portion of amounts expended by the parent paying support during periods of overnight visitation and custody:
The basic child support amount can be divided into three categories of expenditures:
Variable expenditures are child-related expenditures that vary directly with the amount of time a child spends with each parent, such as food. It has been assumed that variable expenditures represent 38% of the basic child support amount.
Duplicated fixed expenditures are child-related expenditures that do not vary with the amount of time a child spends with each parent but are incurred by both parents, such as housing. It has been assumed that duplicated fixed expenditures represent 30% of the basic child support amount.
Non-duplicated fixed expenditures are child-related expenditures that do not vary with the amount of time a child spends with each parent and are usually incurred by the parent in whose household a child resides the greater amount of the time, such as clothing. It has been assumed that non-duplicated fixed expenditures represent 32% of the basic child support amount.
The amount of any adjustment to which the parent obligated to pay support is entitled for a portion of the amounts expended on the children who are the subject of this proceeding during periods of overnight visitation or custody assumes that the parent obligated to pay support will incur:
(1) no significant expenditures for the children if that parent exercises visitation or custody for less than 36 periods per year;
(2) variable expenditures
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