Shared Placement and the 49% Rule in Rhode Island
When each parent has at least 49% of the overnights, Rhode Island calculates each parent’s percentage share of the total support obligation and has the parent with the larger amount pay the difference.
The 49% rule
The schedule presumes a “standard” parenting time schedule in which the non-custodial parent has the child at least 20% of the overnights. Where each parent has at least 49% of the time with one or more children, Administrative Order 2018-01 gives the guidance for calculating support, and Administrative Order 2023-02 keeps it in force (Administrative Order 2023-02).
How the netting works
The worksheet is completed as usual through the total obligation (line 8). Each parent’s obligation is his or her percentage share times that total, and the parent with the larger obligation pays the difference (Exhibit 8). In the order’s example, with one child and gross incomes of $2,580 and $2,288, the shares of $902 are $478.06 and $423.94, so the parent with 53% pays $54.12 a month.
Counting overnights
49% of 365 overnights is 179, so shared placement starts when each parent has at least 179 overnights; the calculator treats 179 to 186 overnights with you as shared placement.
Child care
Where parties want day care included in a shared-placement order, each party’s pro rata share of income is applied to the day care expense and the order is adjusted by each party’s relative contribution, presuming the receiving party pays the provider in full.
Below 49%
A parent with less than 49% of the overnights is a non-custodial parent under the standard worksheet even with substantial time; the schedule already assumes at least 20% of the overnights, and any further reduction is a deviation the court must justify.
Questions to bring to an attorney
Ask how the court counts overnights for the 49% threshold and whether a deviation is likely.
Deviation
The court keeps broad discretion to deviate on the factors in the statute and in Administrative Orders 2012-05 and 2017-01.
Frequently asked questions
How many overnights make shared placement in Rhode Island?
At least 49% for each parent, about 179 overnights a year.
How is shared placement child support calculated in Rhode Island?
Each parent's percentage share of the total obligation is calculated and the parent with the larger amount pays the difference.
Does the Rhode Island schedule assume parenting time?
Yes. It presumes the non-custodial parent has at least 20% of the overnights.
Can the Rhode Island court deviate from the guideline?
Yes, with findings that the guideline amount would be inequitable.
Where is the Rhode Island shared placement rule?
In Administrative Order 2018-01, carried forward by Administrative Order 2023-02.
Official sources
- Rhode Island Family Court Administrative Order 2023-02: schedule, worksheet and examples
- Form FC-78: Child Support Guideline Worksheet
- R.I. Gen. Laws 15-5-16.2: child support
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Rhode Island statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Rhode Island attorney.