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Child Support Guidelines and Your Support CaseWhat You Must Know Before You Open a Support Case. |
If you have children and are considering divorce, in the process of divorce, or already divorced you probably want to know how much financial assistance you can expect your ex or the non-custodial parent to pay.
All parents are required to pay support for their children, generally until the child reaches the age of 18 or graduates high school, unless otherwise specified in child support or divorce agreements. How much is paid is dependent on a number of conditions and factors as well as the state you where you live.
The first and foremost factor is the state where you live. State support guidelines vary by state and it's essential that you use your own state’s guidelines when determining child support.
To find your state’s child support guidelines or calculator, select your state in the drop down menu provided below.
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6 Main Factors in Child Support Determinations:
- Earnings
- Taxes
- Visitation schedules
- Insurance Costs
- Child care or special needs of the children
- Deductions and credits
Let's look at each factor:
1. Earnings
A state will consider the earnings of both the custodial and non-custodial parent when determining support. The custodial parent is the parent who is raising the children for the majority of the time and usually has sole physical custody; the non-custodial parent usually has only visitation or spends less time with the children.
States generally take the gross income of the non-custodial parent and the gross income of the custodial parent, input other factors (listed above) and determine a payment amount. If you're ex works under the table, on temporary jobs, changes jobs often, or has significant money not accounted for in pay stubs and other income documentation the amount determined may not be equivalent to what he or she should actually pay.
If you face any of these circumstances your lawyer may subpoena bank records, credit card transactions, and any other proof of money he or she is spending to prove his or her income is more than the records indicate. Unfortunately, after divorce many men try to cut corners and avoid paying child support. The best way to deal with this is to find a secure job for yourself and use any child support payments to supplement your income. If you are unable to find a good paying job try to return to school or go for job training. It takes a lot of time and energy to chase money from a man who is unwilling to take care of his responsibilities. Although this may be upsetting to you it often doesn’t change and being able to provide for your children on your own will give you security, self-confidence, and eliminate your dependence on a deceitful ex spouse.
2. Taxes
States generally take into account the amount of taxes paid by each party and how much net income this leaves them each pay period after child support is paid.
3. Visitation Schedules
The amount of time each parent spends with the children in their custody, at their home, and in their care is considered. If parents have the child an equal number of nights and days as each other, payments will be less than if the non-custodial parent has the children just once or twice a month. The amount of time a child spends with parents generally means that during that time, the parent they are with is providing the food, shelter, and for other needs of the children.
Many parents fight for full custody of their children so they will receive more money. This really is not in the best interests of the children. Unless there are special circumstances where the children would be in danger when seeing the other parent, children should spend as much time as possible with both parents. Children's best interests should be kept front and center in all negotiations amongst parents.
4. Insurance Costs
Health insurance provisions are built into most state's child support guidelines requiring one of the parents to provide health coverage; usually the non-custodial parent. The amount paid for the premium by this parent is considered and calculated into the child support determination.
If neither you nor your ex has health coverage for your children, contact your state as recent laws mandate that they provide health care coverage for any uninsured child.
5. Child Care and Special Needs
Some states take into account child care expenses required for the custodial parent to work. These costs are generally shared 50-50 by parents. The amount the non-custodial parent pays for child care is usually built into the total child support amount. It is upon the parent paying child care costs to use this portion of the child support payment for this expense.
In some cases any special needs of a child will be taken into account too.
6. Other Deductions and Credits
Some states will adjust custodial and noncustodial parents’ income if they claim such expenses as deductible mortgage interest, property taxes, or non-reimbursable business expenses. When these credits or deductions are factored in, child support payments will increase or decrease accordingly.
Guidelines for child support often differ by state but some generalizations usually apply to most cases regardless of state. Because state child support guidelines are often quite complicated, child support payments are typically calculated using state child support calculators. Child support calculators are based upon state guidelines; however, they are not guaranteed and are subject to the authority of your state court, administrator or hearings officer. Using a child support calculator may, however, give you a general idea of the method used to determine child support guideline payments in your state.
This article is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce.The Modern Woman's Divorce Guide has no relationship with the organizations; agencies or programs listed above and does not endorse their services. We provide these links for your information only.
