Each state has individual laws on the books regarding how child support is determined. A specific formula is used in these cases in situations in which the non-primary custodial parent has to make payments of support to assist with eth financial obligations of the children.
The formulas in the state laws can be extremely complicated although free online calculators can help give you a general idea of what might be requested. The biggest factor in determining payments of child support has to do with how much each individual parent earns.
Although some states might consider the income of both parents, other states may only look at the non-custodial parent’s income. The percentage of time that each individual parent spends with the children can also be a crucial factor in determining support payments. The majority of states across the country will consider some or all of these factors in making a determination about child support:
The majority of courts believe that a child support award is more important than a spousal support award. This is why child support is frequently calculated first and then the evaluation of what’s left is considered in the alimony determination. Some states may also classify income separately.
Some consider a person’s gross income, others will include net and others may calculate bonuses, gifts or overtime. In the event that there is significant investment income associated with one parent, that could also be accounted as income for the purposes of determining child support.
If you believe that the general guidelines within your state should not apply to your individual case but your spouse does not agree with you, you may need to ensure that you have crafted a compelling argument for the judge. This is because judges have discretion over child support awards and they may deviate from the established guidelines if necessary. A judge may consider setting child support below or above the guideline amount in the state if any of the following situations apply:
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