If you have small children, child support will almost certainly be an issue in your divorce.
You can work out the issue amicably with your family lawyers and ex-spouse, but if this is not feasible, the courts will step in and determine the amount.
These payments become a legally enforceable contract that can be paid directly from one parent to the other, as part of a wage garnishment, or through arrangements established with a state child support agency.
Each state has its own set of rules, but all use some pre-determined formula to help identify the amount to be paid.
How child support amount is determined
Each state is required by federal law to develop rules for determining child support.
The amount is determined mainly by each parent’s income and expenses and the amount of time a kid spends with each parent under a custody agreement.
Courts will also evaluate a child’s best interests, special needs, the resources of each parent, and the non-custodial parent’s overall ability to pay child support payments.
Because states have a lot of freedom in choosing how these rules are applied, child support payments can vary significantly from one state to the next.
Furthermore, judges in each jurisdiction have some latitude in determining the amount of child support you should pay.
How much of your income do you pay for child support?
Each state decides how much child support must be paid, and statutes govern the amounts.
States utilize a variety of formulae to arrive at precise dollar values when determining the amount that must be paid.
Courts can deviate from the formulas and base actual amounts on other factors such as a parent’s actual ability to pay, the needs and income of the custodial parent, the standard of living before the parents divorced, and the amount of time a child spends with each parent, among others.
The formulas that are used in determining the spousal support amounts are:
Income shares model
This approach, which is used in forty states, bases the amount of child support on the income of both parents and the number of children in the family.
It is predicated on the idea that a child should get the same share of parental income as if the parents were still living together.
This principle is congruent with the Uniform Marriage and Divorce Act, which most states have enacted. It consists of four steps:
The parent’s income (gross or net) is calculated and totaled.
A “basic child support obligation” is calculated based on the parent’s combined income.
After that, a “presumptive child support obligation” is calculated by adding expenditures for work-related, child care, and unusual medical expenses to the basic child support obligation. Other add-ons and deductions can be calculated as well.
Each parent’s presumed child support obligation is prorated based on their proportionate share of total income. The non-custodial parent’s commitment is paid as child support, while the custodial parent’s obligation is maintained and considered to be spent directly on the child.
Percentage of income model
This model bases child support payments on a percentage of the non-custodial parent’s gross or net income and the number of children the parent supports.
The proportion can be fixed or variable depending on the state. Even if the non-custodial parent’s income fluctuates, the percentage of income does not alter in flat states.
When the parent’s income fluctuates, the percentage of income changes in states that use the variable model.
For example, if a non-custodial parent earns $3,000 and has one child to support, a fixed proportion of that parent’s income must be set aside for child support.
If it was 25% in this situation, the non-custodial parent would pay $750 monthly.
Melson formula
This variation on the income-sharing model enables additional money to be paid for child support as one or both parent’s income increases.
The court bases payments on a prescribed set of considerations, including the child’s requirements and a Standard of Living Adjustment.
How long do child support payments last?
There are always exceptions, but child support payments usually cease when any of the following conditions are met:
The youngster is no longer considered a minor. In this scenario, the most often acceptable age is 18, while a few states require child support until age 21.
Child support may continue past 18 if the child has specific needs, such as a handicap, or is still in high school. In this situation, support would terminate upon graduation or when the child reaches the age of 19 or 20.
The child is drafted into the military.
Adoption or any other similar legal act terminates parental rights.
The child is granted emancipation. This means a youngster is labeled an adult at a younger age if they can support themselves or engage in a legitimate marriage.
What does the child support amount cover?
Child support includes a considerably broader range of expenses involving all aspects of a child’s life.
Because laws differ from state to state, it’s critical to understand the criteria for your specific jurisdiction and how those rules will affect how much child support can be paid.
At the very least, assistance will cover the costs of food, clothing, and shelter.
Most states require separated or divorced parents to provide health insurance for their children.
Most parents with greater employment health benefits must carry health, dental, and/or vision insurance.
Support can also be used to cover uninsured medical bills.
Payments for deductibles, co-pays, surgery, or any other out-of-pocket expenses that may not be covered by insurance are examples of this.
Parents may be compelled to divide the costs of further medical care depending on the state.
Even if a child attends public school, there will be costs for supplies, uniforms, textbooks, lunches, tutors, extracurricular activities, and field excursions. This can also be accomplished with the help of others.
When do you modify the child support amount?
Child support payments can be changed if either parent’s life circumstances change significantly.
This could happen if one parent loses their work or becomes ill for an extended period.
When both spouses agree, modifications can be pretty simple, but if there are objections, they can become into hot court fights where you have to hire child support lawyers Fairfax VA to help you fight in court.
