Shared Custody Overnight Thresholds: A 50-State Reference

Overnight thresholds determine when a custody arrangement qualifies as "shared" for child support calculations. This distinction affects which worksheet or formula applies, often resulting in significantly different support obligations.

This reference compiles threshold requirements across all 50 states, current as of December 2024.

Why Thresholds Matter

In most states, child support guidelines include separate calculations for:

1. Primary/Sole custody: One parent has the child most of the time
2. Shared custody: Both parents have significant parenting time

The threshold determines which calculation applies. Crossing it can change support obligations by hundreds of dollars monthly.

States with Fixed Overnight Thresholds

These states use specific overnight counts to define shared custody:

States with Percentage Thresholds

These states calculate shared custody based on percentage of time rather than overnight counts:

States with Sliding Scale Adjustments

Rather than a hard threshold, these states apply graduated adjustments based on parenting time:

Deep Dive: Maryland Example

Maryland provides a clear example of how thresholds work in practice.

The 92-Overnight Rule

Maryland Family Law § 12-201 establishes two child support worksheets:

• Worksheet A: Used when one parent has fewer than 92 overnights
• Worksheet B: Used when both parents have 92+ overnights

Practical Impact

Consider a hypothetical case:

• Combined monthly income: $12,000
• Two children
• Non-custodial parent income: $7,000/month

The difference: approximately $550/month or $6,600/year.

Schedule Examples Meeting Maryland's Threshold

These patterns exceed 92 overnights:

Documentation Best Practices

Recommended documentation methods:

1. Calendar applications with shared access (Google Calendar, Cozi)
2. Custody tracking apps that log actual time spent
3. Exchange logs signed by both parties
4. Communication records confirming schedule adherence

For cases near the threshold, even a few overnights can change the calculation. A 2-2-3 schedule during the school year combined with extended summer time might push a borderline case over the threshold.

State-Specific Resources

For detailed information on individual states, we're building comprehensive state guides. Currently available:

• Maryland — 92 overnight threshold, Worksheet A vs B
• Additional state guides coming Q1 2025

Calculation Tools

Manually counting overnights across complex schedules is error-prone. Our calculator handles:

• Recurring schedule patterns
• Holiday modifications
• Summer/vacation adjustments
• Year-over-year projections

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Last verified: December 2024. State guidelines change periodically. Always confirm current thresholds with official state resources before relying on this information for case strategy.