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Introduction |
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It may most formally be called the Rogers-Bieniewicz
Cost Shares Model as anyone can develop a model for sharing the
expenses of one or more children that is based on actual costs.
However, this is the only formula currently in literature and is
increasingly gaining professional acceptance. The cost of one child
is also needed in forensic economics (where this model gained its
first notoriety), so there are many applications for an accurate,
legally acceptable child-cost formula endorsed by the economics
community.
In the mid-1990s, the Children’s Rights Council
(CRC) developed
a prototype child support model based on the parents sharing child
costs, with the costs based on actual measured costs in household
surveys. The cost shares model focuses on sharing the marginal
costs of children: the additional costs parents incur by having
children. For example, examine at how much higher a utility bill
is after having a child than before the child to get the child’s
share of that cost.
“Cost Shares” is not the same as “Income
Shares.” As discussed in some of the more detailed papers
linked to below, Income Shares, as its name implies, includes alimony
in child support by using questionable definitions for child costs.
For ,
child expenditures are based on actual costs as measured by surveys,
where the Percent-of-obligor and Income Shares models base child
costs on indirect estimates. In most Income Shares guidelines, those
estimates are derived by comparing changes in consumption of adult
goods (tobacco, alcohol, and adult clothing) before and after having
a child or having an additional child. In other Income Shares states,
those estimates are derived by comparing changes in consumption
of adult clothing or household consumption of food before and after
having a child or having an additional child.
measures are based on actual child costs, not a theoretical
concept.
child expenditures are taken from surveys of single-parent households
rather than of intact households. Similarly, the appropriate
income used in the support tables is the average gross
income of both parents, not total combined income, to derive what
both parents can more realistically contribute.
Further, the
methodology proportionally distributes both child costs and child
cost offsets (such as child tax credits) between the parents instead
of omitting offsets altogether. This is not only more realistic
but a procedural simplification for states that allow courts to
order the custodial parent to sign over (per IRS regulations) the
tax benefits every other year.
The
model has components for the major child cost categories: housing,
food, transportation, clothing, health, child care and education,
and “other.” Each category is based on an average of
expenditures by category from survey data. Families within the survey
varied as to whether they spent specifically on day care or medical
insurance. Importantly, explicit dollar values for each category
provides a basis for rebutting the presumptive amount in cases where
a particular family spends less or more in that area. Neither the
Percent-of-obligor nor Income Shares models have components to provide
for a rebuttal. There are no components because the estimates indirect
from measuring changes in adult consumption, not spending
on children.
Basic Steps
The
model makes the following calculations:
1) Determine basic child costs for a single-parent
household at a given income level: use the average income
of both parents to step into the table of known child costs.
2) Add non-basic expenses when appropriate.
The basic child cost tables do not include daycare
or extraordinary education expenses, so their cost can be directly
added in.
3) Deduct the tax benefit that the custodial
parent receives from total child costs. These monies are already
paid – by and to whom is irrelevant – so this amount
is subtracted from total child costs.
4) Allocate this net child cost between the parents
in proportion to each parent’s share of combined, after-tax
income that is above a recommended self-support level.
5) Each parent is considered equally entitled
to reimbursement for the other’s share of the child costs
incurred while in the one parent’s care. (Equal protection.)
Therefore, when more than one parent has physical custody, the
child costs are allocated between each parent according their
share of the child(ren)’s time.
More explicit steps are discussed in the “background”
paper on the cost shares guideline, “Child
Cost Economics and Litigation Issues: An Introduction to Applying
Cost Shares Child Support Guidelines.”
This methodology can be a replacement for current
methodologies, or only used to augment them for things such as parenting
time adjustments or to revise basic cost assumptions.
Summary
of Cost Shares [PDF]
Short version of the next item. Covers
the basic errors of both major guidelines, and the steps in building
the Cost Shares model. Includes charts. (18 pages.)
Child
Cost Economics and Litigation Issues: An Introduction to Applying
Cost Shares Child Support Guidelines, by R. Mark Rogers and
Donald J. Bieniewicz. [PDF]
The defining paper on Cost Shares. A full
explanation of the need for an guideline based on economics and
how to provide one. Thirty-seven pages, presented at the Southern
Economic Association meeting in metro Washington, D.C. on Nov. 12,
2000.
“Child Cost Economics
and Litigation Issues: An Introduction to Applying Cost Shares Child
Support Guidelines,” from Assessing
Damages in Injuries and Deaths of Minor Children, Thomas Ireland
and John Ward, editors, Layers and Judges Publishing, 2002. Cost
Shares has been recognized by peers in the forensic economics community.
This article applies Cost Shares to non-family civil litigation.
Available from Barnes
and Noble.
Sample Economic Critiques of Specific
State Guidelines
Testimony
Before the 2001 Georgia
Commission on Child Support, by R. Mark Rogers, June 1, 2001.
[ PDF]
The origin of Georgia's child support guideline, its lack of economic
basis, versus the Cost Shares model.
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