Divorce and Child Custody: Child Support Calculation
In cases where child custody is being disputed when a couple decides to separate or divorce, the divorce decree will often include a child support order. The child support order typically defines the frequency and the amount of child support payment that one parent, who is generally the non-custodial parent, has to make to the other parent, who is generally the custodial parent, for the support of their minor child. One of the main purposes of the child support order is to regularly transfer the earnings of one parent to the other parent to combine the wealth of both parents to financially support the child.
How is the child support payment determined? Child support matters have been very ruled by federal laws in order to prevent too large of a difference in the amounts being ordered from one court to another. Child support payments are typically determined according to basic and objective federal guidelines. Consequently, most states have set up mathematical formulas to determine the amount of the child support payment. Attorneys are often able to calculate child support payments for their client using child support calculators to give an estimate of the potential amount that the non-custodial parent will have to pay the custodial parent.
Which revenues are taken into account in the child support formula? The child support calculation formula usually takes into account the net incomes of the parents. This may include all federal and state income taxes, Social Security and Medicare tax, health insurance payments, union dues and other mandatory expenses that are deducted from the gross income of the parents before calculating the child support order. In many cases, parents may also have to present evidences regarding their incomes including pay statements, profit/loss statements of sole proprietorships, or tax returns in order to prevent one party to hide income to the other party to properly calculate child support.
In addition to the net incomes of the parent, the child support formula takes into account other factors such as the amount of time a child spends or lives with each parent, number of children, special medical or education expenses. Determining the amount of the child support can be very complex and the child support calculation formula can vary from state to state. As a result some states decided to use computer programs to determine the accurate amount of child support while others have different methods.
If you are seeking help in determining child support payments you would be wise to consult an attorney in your area to help you calculate and determine the amount of child support based on the child support formula in your jurisdiction.
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