Whether you're going through a divorce or a break-up, if you have children, it's likely that you've already thought about child support. Contrary to popular belief, even though the payment goes directly to the child's primary caregiver, child support is the child's right, not the other parent. In most states, child support obligations continue until the child is 18 or until the child graduates high-school. Some states require child support to continue through college.
To eliminate any question of unfairness, courts use a specific formula to determine the amount of support in every case.
Income. The first and typically most important factor in every child support case is each parent's income. At the beginning of every case, both parents most exchange and submit the following the court:
If one parent is self-employed, the court will review tax returns and business tax returns to determine income.
One of the most contentious aspects of child support determinations is when one parent believes the other is underemployed or voluntarily unemployed. Family court judges can evaluate whether one parent is working to the fullest extent.
If a judge finds that a parent is purposely earning less, or is voluntarily unemployed, the court may impute that parent's income into the formula. Imputation means that the court will calculate what the parent should or could be earning if applying education and job skills appropriately and will use that number as that parent's income in the formula.
Dependents. The court will request dependency information from each parent before calculating support. If one parent has other children and is legally obligated to support the other children, the court will consider this in the outcome for any other child support case.
Overnight Visits. Most child support formulas include the number of overnight visits with each parent in the end calculation. The point of overnight visits in the formula is to give credit to each parent for the time they are financially responsible for the child. For example, if one parent has sole physical and sole legal custody of the child and the other only sees the child once per week for a non-overnight dinner visit, the court must allocate the proper amount of support to the custodial parent.
On the other hand, if both parents equally share financial responsibility for the child throughout the year and share physical and legal custody, the recipient parent may only need a small child support award to support the child financially.
It's a common misconception that if parents share physical and legal custody, neither parent will receive or pay child support. Although overnight visits are one factor, the court also must consider the remaining factors such as income, deductions, health care, child care, and dependents.
Health Care Costs. The parent paying for health care for the child will almost always receive a credit in the child support formula for the amount paid for the child's insurance. You must be able to provide evidence of the payroll deduction or amount you pay each month in health care for the court to consider this in your case.
Child Care Expense. Child care is, no doubt, one of the most expensive aspects of raising children today. In many states, full-time daycare can cost anywhere from $10,000-$50,000 per year. If one parent carries the burden of child care throughout the year, the court will credit the paying parent in the formula.
Other Deductions. If a parent pays spousal support or child support for other children, the court will also add this information into the formula before determining a final number.
Every state presumes that the child support calculation produces the correct amount of child support for each case. In some cases, parents can agree to reduce or increase this guideline amount (unless the recipient parent receives state aid, in which case parents can't agree to change the formula).
If you and your ex can't agree on an amount of child support, you'll need to ask the court to decide. Typically, judges won't deviate from the formula unless one parent can demonstrate that there are extenuating circumstances that require a deviation.
If you're considering asking for child support or, if your child's other parent is requesting payment, contact an experienced family law attorney in your area for more information on your state-specific child support laws.