Depends on your state. Every state figures child support differently.
Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.
Some states like NY or TX use a fixed percentafe model where the paying parent always pays that same percentage of their income. So if the paying parents income goes up or down, so does the amount that they are paying. Usually 17% for one child 25% for two and so so on. With this model they usually don't figure in the non-paying parents income or deductions because the paying parent is paying based soley on their own income.
Most states, like OH or OR use an incomes shared model. Where they figure in both parents incomes and both parents get their allowable deductions. Then the paying parent pays whatever their percentage of the combined income is after deductions. Allowable deductions include things like, other children in the home that are not part of the order, other child support or alimony paid, local income taxes, union dues, day care, etc. They will never give deductions for living expenses, car payments, students loans, no matter what state your in. There are 9 states that figure in a new spouses income as well, the rest do not.
Generally, child support payments are for the ordinary expenses of food, shelter, clothing, education and medication needs for the children only. In determining an award of child support, a court will look at all relevant facts upon the following issues:
The Needs of the Children.
For example, a sickly or developmentally disabled child will often require a higher level of support than a healthy child.
The Age of the Children.
Infants and younger children often cost less to support than older children.
The Ability of the Noncustodial Parent to Pay.
The court is limited in awarding child support by the ability of a parent to pay based on income from all sources, often including a new spouse's earnings.
The Earning Capacity of the Custodial Parent.
Both parents have the duty to support their children, not just the paying parent. Thus, the earnings or earning capacity of the custodial parent which are available to provide support for the children, and perhaps that of their new spouse, will also be considered when determining child support levels.
The Other Responsibilities of the Parents.
The other lawful responsibilities of both parents will also be looked into in determining child support. For example, if the noncustodial parent is paying child support from a previous marriage (a rather common occurrence), the court will take that obligation into consideration. Necessities of life, such as rent and food will also be taken into account by the court. However, the court will not reduce child support payments to make it easier for the parent to pay discretionary obligations. For example, a parent cannot provide for a charity or buy an expensive car at the expense of providing for his or her own children.
To assist the court in determining the proper amount of support, both parties will be required by the court to prepare a financial declaration that is signed under penalty of perjury. Each parent will be required to fully disclose their income (from all sources frequently including money earned by a new spouse or live-in-lover), the nature and extent of their property holdings such as bank accounts, investments and real property and their financial obligations. The court will rely heavily on these documents in making the order and thus it is in the best interests of the children that the declarations be filled out completely and honestly.
Child support hearings are often adversarial. That means that when the parents cannot agree on the support order, (sometimes after compelling mediation), the court, through a Master's hearing, will hold a hearing to decide the issue. (This is sometimes done in a chambers conference to save time.) At the hearing, each spouse (or their lawyer) will have the opportunity to cross examine the other on issues relevant to the support issue and each can subpoena documents and call witnesses to support his or her position as to the amount of child support that should be paid. Child support orders can also be appealed, although the likelihood of success is very slim.
Almost all states have Child Support Guidelines making it mandatory for the courts to use these guidelines in all cases in which child support is sought. Although use of the guidelines is mandatory and there is a presumption that the guidelines amount is the correct amount to be awarded, the presumption is rebuttable.
The reason for the implementation of the Guidelines is that the states have decided that "the law and policy of this State is that the child's best interest is of paramount importance and cannot be altered by the parties. A parent has a legal obligation to provide support for the child in proportion to their gross earnings.
The mathematical computation to determine the Guideline amount is varies from state to state. You can determine your obligation by using one of our on-line child support calculators. We do not have one for every state, but most major states are listed.
What Are The Guidelines For Determining Child Support?
Most states have very specific guidelines for how child support is to be determined by the court. For the most part, however, these guidelines tend to have some specific factors in common. The factors can include things like the income levels of each of the parents, for example. The guidelines for determining child support can also look at the issue of custody. Finally, there are often specific issues such as medical insurance and income taxes that can play a factor in how exactly the court will go about determining child support.
In many cases, the income of the parents is the primary guideline for determining child support. If one parent makes a considerable amount more than the other parent, that parent will very often have to pay child support to the other parent. Income is not the only factor, but the income levels of the parents will be considered in determining the amount of child support that is owed, regardless of the other factors.
Custody of the child is another important factor that child support determination guidelines generally look at. For example, if one parent has full custody of a child and the other parent has limited visitation rights, it is likely that the parent that has custody will probably not have to pay any child support to the non-custodial parent. However, when there is some form or another of joint or shared custody, the child support situation changes. Even if one parent cares for the child half of the time or more, it is still possible that the income levels might determine that that parent would still pay child support to the other parent.
Finally, factors like medical concerns, such as insurance, and other financial concerns, such as who gets to claim the child on their taxes, will generally play some role in determining child support, even if the state does not have specific guidelines in this regard. To know what the guidelines for determining child support are in your state, you should consult a family law attorney who has had training and experience in litigating child support cases.
