Split by income—but which income?
Use gross pay if you want one agreed starting point and the
deduction argument settled once, and take-home pay if you
want the split to track what people can actually spend. They are different rent. Almost every “split by
income” guide—including the worked example above—names a
formula but never defends the number it divides, and that unstated choice is
doing more work than the arithmetic is.
It is not a hypothetical distinction, and it has already been argued out at
scale. Child support guidelines have to answer it: somewhere inside them
sits the same step a rent split is made of—divide a cost between two
people in proportion to what they earn. Congress made
guideline-based orders mandatory for every state in the Family Support Act
of 1988, after a National Center for State Courts panel—whose prime
investigator was Dr. Robert Williams of Policy Studies, Inc.—issued its
final report in 1987. That panel weighed Delaware’s Melson formula and
Wisconsin’s percentage-of-income model, then proposed a third,
income shares, which prorates the cost “between the
parents according to each parent’s share of combined income.”
A guideline does far more besides—it estimates what a child actually
costs, then layers on deductions, allowances and custody
adjustments—but that prorating step is the rent formula above, and it
is the step that forces the question of which income to prorate.
Nearly four decades later, those systems still disagree about what
goes in the denominator. The disagreement is the useful part, because each
answer is a defensible rule a household can borrow.
Gross income One agreed starting point, so the deductions are argued once rather than every monthIgnores that two people with identical salaries can have very different money left
Take-home pay Closest to what actually lands in the account each monthInvites an argument about which deductions count as real
Income above a floor Protects subsistence before anyone is asked to contributeSomeone has to pick the floor, and the choice is contestable
Why two of these systems start from gross
North Carolina’s guidelines make the first step of any calculation
“to determine each parent’s gross income”—defined as
income before deductions for income taxes, Social Security or
Medicare taxes, health insurance premiums, or retirement contributions. The
state’s underlying schedule was actually built on net income, but the net
income ranges were converted to gross income ranges by factoring in federal
and state income and payroll taxes—so no court has to redo that
subtraction case by case. Gross is the starting point, not the last
word: North Carolina’s second step is to take allowable deductions off
gross to reach an adjusted gross income.
The appeal is administrative, not moral. Starting from gross settles in
advance which subtractions are on the table; starting from net leaves it
open. Once a household starts subtracting ad hoc, someone will argue that a
voluntary 401(k) contribution is not really spendable income and someone
else will argue that it obviously is. Delaware moved the same direction and
said so: its 2019 revision eliminated deductions for income and Social
Security taxes, “thus using the parents’ gross incomes as opposed
to net incomes for the calculations.” Two systems is not a universal
rule—but both of them, having argued it out, put the burden of proof on
the deduction.
The base is not cosmetic. When Delaware moved from net to
gross, it also had to raise its self-support allowance and lower its
standard-of-living percentages “in order to account for the change
from net to gross income.” Swapping the denominator moved every number
downstream. If your house changes its mind about the base later, expect the
same—you are not adjusting a detail, you are re-running the split.
The third option nobody offers you: split what’s left over a floor
Delaware’s Melson formula does something neither gross nor net does. It
subtracts a self-support allowance from both parents’
monthly gross incomes first, and only then proportions what remains.
For 2019 that allowance was $1,140 a month, set at 110% of the federal
poverty guideline for a one-person household. The principle: nobody should be
proportioned into destitution, so subsistence comes out before the ratio is
taken.
Applied to rent, that is a genuinely different rule. Borrow
Delaware’s figure purely as a concrete floor—it was calibrated
for child support, not roommates, so treat the number as illustrative and
pick your own. One thing to keep straight, because it is the same trap the
callout above describes: Delaware subtracts that allowance from
gross monthly income, not net. Subtract a floor sized for gross pay
out of take-home instead and it eats a bigger share of everyone’s
number, understating how far above subsistence they are—and it bites
hardest at the bottom, where the remainder is smallest to begin with. So run this one on gross. Same three roommates, same $3,000
apartment, gross figures this time:
Rent by gross income above a $1,140 floor ($3,000 total):
Grosses $6,000 → $4,860 above the floor: 56.6% → $1,699
Grosses $4,000 → $2,860 above the floor: 33.3% → $1,000
Grosses $2,000 → $860 above the floor: 10.0% → $301
Shares are each remainder over the $8,580 left above the floor.
A straight proportional split of the same three incomes charged them $1,500 / $1,000 / $500.
The floor moves $199 a month off the lowest earner and onto the highest, and
leaves the middle roommate exactly where they were. That is the whole
argument in one line: subtracting a subsistence floor before taking the ratio
is more progressive than proportional splitting, not less. If a
roommate is close to the edge—and with renter households under $30,000
left with $210 a month after housing costs, some are—the plain ratio is not
the generous option. It just looks like it.
Income is a leaky proxy for what someone can carry
There is one more thing a salary number misses, and the guideline systems
learned it the hard way. A roommate whose parents quietly cover the phone
bill, the car insurance, or a slice of the rent has capacity their paycheck
does not show. Child support guidelines treat that as income: in North
Carolina, in-kind goods and services such as free housing or the use of a
company car may be counted as gross income “if they are significant and
reduce the parent’s personal living expenses.” Courts have put
numbers on it—$300 a month for a father’s free housing from his
parents in Spicer v. Spicer (2005), and in Williams v.
Williams (2006) a holding that rent payments made by grandparents must be
included in a parent’s income.
No household is going to audit a roommate’s family. But it is worth
knowing that a system running this calculation under judicial review concluded
that the paycheck alone was not a good enough measure—which
is a reasonable argument for keeping the income method for
couples who already share a financial picture
and reaching for room size in a house of acquaintances. It is also why some
groups sidestep the disclosure entirely and
let each person pay for what they actually take,
which works for a restaurant check and not at all for a lease.
Sources: Howell,
“Defining ‘Income’ for Child Support,”
UNC School of Government; Arizona Judicial Branch,
Historical Introduction to Guidelines;
Department of Justice Canada,
Review of International Child Support Models, Volume II (2019).