Joint Physical Custody Has Two Requirements: 1) More than 30% Overnights and 2) Contribution to the Expenses of the Child in Addition to Paying Child Support.

Spall-Goldsmith v. Goldsmith, 2012 UT 302, Utah Court of Appeals, October 25, 2012

Parties were divorced and Wife was awarded primary physical custody and the parties were awarded joint-physical custody of the minor child.  Wife was also awarded child support based on the sole custody child support worksheet.  Husband, who was awarded more than 30% of overnights appealed.

The Court of Appeals found that Husband did have more than 30% of the overnights, however, joint-physical custody requires more than 30% of overnights, but also requires that both parents contribute to the expenses for the child in addition to paying child support.  See U.C.A. §78B-12-102(14).

Affirmed.

Full opinion available at: http://www.utcourts.gov/opinions/appopin/goldsmith102512.pdf