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Session Laws, 1989
Volume 771, Page 11   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                        Ch. 2

(3) THE ACTUAL COST OF PROVIDING HEALTH INSURANCE
COVERAGE FOR A CHILD FOR WHOM THE PARENTS ARE JOINTLY AND
SEVERALLY RESPONSIBLE.

(E)  "COMBINED GROSS ADJUSTED ACTUAL INCOME" MEANS THE
COMBINED MONTHLY GROSS ADJUSTED ACTUAL INCOMES OF BOTH PARENTS.

(F)  "POTENTIAL INCOME" MEANS INCOME ATTRIBUTED TO A PARENT
DETERMINED BY THE PARENT'S EMPLOYMENT POTENTIAL AND PROBABLE
EARNINGS LEVEL BASED ON, BUT NOT LIMITED TO, RECENT WORK HISTORY,
OCCUPATIONAL QUALIFICATIONS, PREVAILING JOB OPPORTUNITIES, AND
EARNINGS LEVELS IN THE COMMUNITY.

(F) (G) "ORDINARY AND NECESSARY EXPENSES" DOES NOT INCLUDE
AMOUNTS ALLOWABLE BY THE INTERNAL REVENUE SERVICE FOR THE
ACCELERATED COMPONENT OF DEPRECIATION EXPENSES OR INVESTMENT TAX
CREDITS OR ANY OTHER BUSINESS EXPENSES DETERMINED BY THE COURT TO
BE INAPPROPRIATE FOR DETERMINING GROSS ACTUAL INCOME FOR PURPOSES
OF CALCULATING CHILD SUPPORT.

(G) (H) (1) "EXTRAORDINARY MEDICAL EXPENSES" MEANS
UNINSURED EXPENSES OVER $100 FOR A SINGLE ILLNESS OR CONDITION.

(2) "EXTRAORDINARY MEDICAL EXPENSES" INCLUDES
UNINSURED, REASONABLE, AND NECESSARY COSTS FOR ORTHODONTIA,
DENTAL TREATMENT, ASTHMA TREATMENT, PHYSICAL THERAPY, TREATMENT
FOR ANY UNINSURED CHRONIC HEALTH PROBLEM, AND PROFESSIONAL
COUNSELING OR PSYCHIATRIC THERAPY FOR DIAGNOSED MENTAL DISORDERS.

(H) (I) (1) "SHARED PHYSICAL CUSTODY" MEANS THAT EACH
PARENT KEEPS THE CHILD OR CHILDREN OVERNIGHT FOR MORE THAN 25%
35% OF THE YEAR AND THAT BOTH PARENTS CONTRIBUTE TO THE EXPENSES
OF THE CHILD OR CHILDREN IN ADDITION TO THE PAYMENT OF CHILD
SUPPORT.

(2) SUBJECT TO PARAGRAPH (I) OF THIS SUBSECTION, THE
COURT MAY BASE A CHILD SUPPORT AWARD ON SHARED PHYSICAL CUSTOM:

(I) SOLELY ON THE AMOUNT OF VISITATION AWARDED;
AND

(II) REGARDLESS OF WHETHER JOINT CUSTODY HAS
BEEN GRANTED.

(I)(J) "SPLIT CUSTODY" MEANS THAT, IF THE PARENTS HAVE 2
OR MORE CHILDREN, EACH PARENT HAS PHYSICAL CUSTODY OF AT LEAST
ONE CHILD.

(J) "ADJUSTED BASIC CHILD SUPPORT OBLIGATION" MEANS AN
ADJUSTMENT OF THE BASIC CHILD SUPPORT OBLIGATION FOR SHARED
PHYSICAL CUSTODY.------------------------------------------------------

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Session Laws, 1989
Volume 771, Page 11   View pdf image
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