HOW TO DETERMINE CHILD SUPPORT
Whether you are going through a divorce or a breakup, if you have children, chances are you have already thought about helping children. Contrary to popular belief, although payments are made directly to the child’s primary caregiver, child support is a child’s right, not that of the other parent.
In most states, child support obligations continue to apply until the child is 18 years old or until the child graduates from high school. Some states need the help of children to continue through college.
To eliminate the question of any kind of injustice, the courts use a specific formula to determine the amount of assistance in each case.
What is included in the Child Support Formula?
Income: The first and most important factor in supporting children is the income of each parent. At the beginning of each case, the two parents exchange the most and present the following in court:
Recent W-2 tax document
1. Pay stubs that include hourly rates or wages, working hours, and tax breaks, and more
2. Any other documents showing income, including wages, overtime pay, indicators, granites, IRA payments, rental income, bonuses, commissions, or any other amount from all owners.
3. If a parent is self-employed, the court will review tax returns and business tax returns to determine income.
One of the most controversial aspects of child support agreements is when one parent believes the other is underemployed or voluntarily unemployed.
Family court judges can assess whether a parent is working to the fullest
If the judge finds that the parent is deliberately earning less, or is voluntarily unemployed, the court may use the parent’s income as a formula.
Effectiveness means that the court will calculate what the parents can or cannot earn if the parents’ education or employment skills are to be used properly and use this number as the parent’s income in the formula.
The dependent court will ask each parent for information about the dependency before calculating the assistance.
If one parent has other children and is legally obliged to support the other children, the court will consider any other child support case as a result.
Most child support formulas include the number of overnight visits to each parent in the calculation. The point of view overnight in the formula is that every parent has to give credit when they are financially responsible for the child.
For example, if one parent has full physical and sole legal custody of the child and the other sees the child only once a week for a dinner visit at night, the court is appropriate for the guardian parent. Assistance must be allocated.
On the other hand, if both parents share the financial responsibility for the child equally throughout the year and divide it into physical and legal custody, the recipient parent will receive only small support for the child’s financial support. Awards may be required.
It is a common misconception that if parents divide into physical and legal custody, the parents will neither receive nor pay for the child’s assistance.
Although overnight visits are a factor, the court should also consider other factors such as income, deductions, health care, child care, and dependents.
Parents who pay for a child’s health care always get credit in the child support formula for the amount of the child’s insurance payment.
You should be able to provide proof of deduction or payment of health care payments each month in order for the court to consider your case.
Cost of Child care
Of course, childcare is the most expensive aspect of raising children today. In many states, full-time daycare can cost anywhere from 10,000 to $ 50,000 each year.
If a parent carries the burden of caring for children throughout the year, the court will credit the parents who pay in the formula.
Other deductions If parents pay for husband support or child support for other children, the court will also include this information in the formula before determining the final number.
Each state believes that the child support calculation produces the right amount of child support in each case. In some cases, parents may agree to reduce or increase the amount of this guideline (unless the recipient parent receives state assistance, in which case the parent may not agree to change the formula).
If you and your ex cannot agree on the amount of child support, you will need to get a court decision.
If you are considering soliciting support from your children or, if your child’s other parents are requesting payment, Contact an experienced family law attorney.