Child Support Guidelines and Parent Income

Child support is a court-determined, periodic payment typically ordered when the parents are no longer living together or are in a divorce proceeding. Child support is intended to help provide for the costs of raising a child by making the parent who is not living with the child (and thus not incurring the expense of raising the child – this is the non-custodial parent) pay a court-ordered amount of money to the parent that is living with the child (the custodial parent) and is paying for the child’s expenses.

The money from a child support payment may only be used to pay for items that affect the health and well-being of the child, such as food, clothing, medical needs, and so on.

Determining child support is no longer a matter of chance, with some parents paying twice as much as other parents with similar financial means. The method used by the courts now is regularized. All 50 states and Washington D.C. have detailed guidelines for parents, lawyers, and judges to use to see how much child support the state believes appropriate for the individual case.

Child support guidelines provide an outline of all of the different factors that the state believes should be considered when calculating a child support award figure. These factors generally relate to the parents, including their income, financial stability, monthly monetary needs, and work history. Child support guidelines also consider the child’s needs, such as their educational background and physical and mental health.

Each state has different laws regarding child support calculation, and child support guidelines may vary from county to county.

There is no set amount of child support because so many factors are involved in the child support calculation. However, the average amount you may expect to pay for child support ranges from around 20% to 25% of your monthly net income. This money is intended to assist in covering the needs of the child, such as health insurance, education and daycare costs, and costs related to any special needs the child may have.

Some of the more specific factors a court will consider when calculating monthly child support amounts include:

• The child’s age, gender, and overall background
• Whether the child has any special needs, whether physical, medical, or academic;
• The number of children involved in the custody arrangement.

What is and is not Considered Income?

Out of all of the different factors considered when calculating child support, one of the most important is the parents’ income levels. Child support amounts are generally fixed according to the income of each parent. For child support calculation purposes, the term “income” includes:

• Wages and salaries from employment
• Tips, commission, and other types of bonuses
• Earnings from any self-employed activities
• Unemployment, disability, or worker’s comp benefits
• Interest, dividends, and other sources of financial gains
• Income from rental properties
• Pension and Social Security payments
• Winnings from lotteries and other prizes

The parents’ living expenses are also considered and subtracted from that parent’s calculation of income. Examples of expenses that must be used to reduce the parent’s income are:

• Taxes
• Various contributions and dues, such as those related to a union membership
• Premiums related to healthcare coverage
• Child or spousal support that is already being paid toward another child
• Costs related to child rearing from another relationship, whether past or current
• Cost of daycare

The remaining amount is called net disposable income, usually the basis for the child support calculation.

What Does Child Support Cover, and Can Child Support Payments be Adjusted?

The court’s goal in setting child support amounts is to give the child the same standard of living as before the divorce or separation of their parents. Child support is intended to aid in the costs of the day-to-day care of a child. Child support payments cover necessities such as food, shelter, clothing, and other expenses that the custodial parent incurs due to caring for the child.

Child support payments may also cover:

• School fees and expenses
• Medical expenses
• Extracurricular activities

Judges take nonpayment of child support very seriously. If needed, the court will intervene to collect any missing payments and may issue an additional court order that requires the defaulting parent to make up any missing payments. Repeated failure to obey the court’s order may result in legal consequences such as:

• The court may revoke or suspend the parent’s driving privileges and recreational licenses. In a worst-case scenario, the court may even revoke a professional license like one issued by an attorney’s bar association or a doctor’s medical board
• The other parent may obtain a wage garnishment order from the court. A wage garnishment order will instruct an employer to withhold a certain portion of a parent’s paycheck. This will last as long as either a lump sum of back child support is paid off or the parent begins making regular child support payments. If the delinquent parent continues to miss payments, the garnishment could last until the child turns 18
• The court may order that a lien be placed against the parent’s property until the payments have been made. If the parent fails to do so before the lien period expires, then the property that the lien was placed on can be taken by the state government
• The missing payments may be reported to credit agencies as debt, which, in turn, could affect that parent’s credit score
• A court may also hold an indebted parent in contempt of court or issue a warrant for their arrest, and the parent could have to serve jail time

One way to avoid such issues is to seek a child support modification if your situation has changed and you can no longer afford the amount the court ordered. Most child support payment arrangements are meant to be set for long periods, generally until the child turns eighteen or graduates high school. However, they can sometimes be changed or adjusted if the court agrees a change is appropriate based on the circumstances.

These circumstances generally involve major life changes, such as:

• A change in residence
• A loss of employment
• Reduction in salary

Child support can also be increased upon a showing of a significant change in the circumstances of one of the parents. The judge will consider the same factors as they would in a motion to lower child support – e.g., change in residence, job loss, or a salary reduction. The judge will also consider any changes if raising the child becomes more expensive. For instance, if the parents take the child out of public school and enroll them in a private school, that change in tuition is likely to merit modification of a previously issued child support order.

Should I Hire an Attorney for Help with Child Support Issues?

As can be seen, determining child support amounts involves state-specific requirements and is influenced by several factors. It is important to the child’s well-being that proper child support is calculated and paid on time.

A skilled and knowledgeable child support attorney can help you understand your state’s requirements and calculation process and will represent your interests in court as needed. Additionally, should you need to seek out a child support order modification, your attorney will assist in presenting your case for modification to the court.