There are many factors that the court can consider in making a timeshare determination.
is not without a certain good-for-the-gander-good-for-the-goose attractiveness, it ultimately founders on the practical reality of day-to-day responsibility for a child. It is the custodial spouse who, after all, has the burden of finding, arranging and fronting the money for appropriate day care, who must deliver and pick up the child, and whose work day will be interrupted if there are any medical or other emergencies.
[Marriage of Whealon, supra, 53 CA4th at 145, 61 CR2d at 567 (brackets added)]
Likewise, when there is admissible evidence showing the parent has responsibility for a grade school child during the school day, it is an error to calculate the “H% factor” based solely on the number of hours he or she was awarded physical custody. [DaSilva v. DaSilva, supra, 119 CA4th at 1036, 15 CR3d at 63–64]
- Where both parents were listed on Child’s school emergency card and worked at the school as “active parents” 20 hours/semester, and Father often took Child to school, chaperoned at school events, acted as a field trip supervisor, and cared for Child when he was ill, Father should have been credited in the guideline formula (H%) with at least some of the 1,260 annual hours (52 days) Child was in school. [DaSilva v. DaSilva, supra, 119 CA4th at 1036]
“While an argument could be made that the circumstances … where the child is living away from home … differ from that of child care where the child is nonetheless residing every night with the primary caretaker, that does not necessarily alter who has primary physical responsibility for the child and thus to whom the time at school should be imputed.”
[Marriage of Katzberg, supra, 88 CA4th at 983, see also Marriage of Schopfer (2010) 186 CA4th 524, —appropriate to impute time at school to 18-year-old’s stepfather who had full physical responsibility for her under court order for support (stepfather had been child’s primary caretaker before enrolling her in boarding school, he maintained frequent contact with her thereafter, and she intended to return home to live with him after graduation.)]
- who pays for transportation or transports the child;
- who is designated to respond to medical or other emergencies;
- who is responsible for paying tuition (if any) and incidental school expenses; and
- who participates in school activities, fundraisers or other school-related functions. [DaSilva v. DaSilva, supra, 119 CA4th at 1034–1035, 15 CR3d at 62; Marriage of Katzberg, supra, 88 CA4th at 982–984, 106 CR2d at 162–164]
