Factors Used in Setting Child Support

In order to determine matters such as child custody arrangements and child support payments, most family courts across the U.S. use the standard known as the Child’s Best Interests Standard. While there is no perfect formula for determining what is in a child’s best interest, the analysis provided by judges and family court mediators generally includes various factors that are tailored to the needs of the particular child in question. As such, when determining who gets custody and visitation and on what terms, the child’s interests take precedence over their parent’s desires.

Family law, including custody and visitation, varies in each state. However, most state courts generally consider the following factors in order to determine custody decisions:

• The Child’s Background: This includes their sex, age, and personal health characteristics. Children with special needs or disabilities may be used to a certain home and accustomed to a parent who provides daily specialized care;
• The Child’s Preference: If the child is at least 12-14 years old, many jurisdictions will consider the child’s preferences as an important factor. However, a child’s preferences are not a substitute for other factors;
• Environmental Factors: This includes the quality of education in each parent’s school district, as well as the safety of each neighborhood and proximity to other extracurricular activities. Courts are generally inclined to continue already established patterns for a child, barring some important reason to change a school or neighborhood;
• Fitness Of Each Parent: This includes the physical and mental health of each parent, as well as each parent’s ability to provide emotional and financial support for the child while the child is in their care;
• Stability: This specifically refers to the stability of each parent’s lifestyle and background. Parents who have jobs that require substantial overnight travel may have difficulty securing residential custody, unless changes at work are made;
• Other Relationships: This refers to the existence and level of attachment to siblings or important family members who live in the home. Courts generally encourage children to maintain their relationships with half-siblings, as well as other family members such as grandparents; and
• Parental Commitment: This refers to each parent’s commitment to facilitating an ongoing and healthy relationship between the child and the other parent. Parents who are cooperative with the other parent in terms of their child’s needs, and who handle disputes respectfully, are more likely to receive custody and decision making authority than parents who do not.

What Factors Are Used To Determine Child Support Payment Amounts?

The exact way the amount of child support is calculated differs by state. Some states, such as California, may provide a government website with a Child Support Calculator so parents can get an idea of what to expect. Whether or not your specific state has a calculator, a local family law attorney will be familiar with the calculations, and can help explain exactly how the calculation is performed.

Calculating child support depends on numerous factors, which also differ by state. In general, the following factors are taken into consideration when calculating child support amounts:

1. Income of Both Parents: Similar to determining custody, the actual income of both parents is taken into consideration, as well as the earning ability of a parent who is voluntarily unemployed or underemployed. An example of this would be how a parent who is educated and licensed to work as a doctor, but chooses to work only 6 months a year, will still have child support calculated based on the amount they could reasonably be earning if they worked all year. Additionally, this considers their education, training, and experience. Doing so ensures that a child support calculation does not come out unfairly skewed when a parent chooses to earn less money than they are capable of earning, in order to reduce the amount of child support that is due;
2. Custodial Arrangements: The parent with physical custody of the child incurs more expenses in order to take care of the child, such as groceries, clothing, and extracurricular activities. Because the child support calculation is intended to ensure that all of the child’s needs are met, it is generally the custodial parent that will receive a child support payment. However, a noncustodial parent could potentially be entitled to a child support payment, depending on the details of the custody arrangement. Another example would be if the income of the parents is considerably unproportionate;
3. Number, Age, and Marital Status of Children: Child support is calculated based on the number of children that the parents are financially obligated to support. As one child reaches the age or status that the parents are no longer obligated to financially support them, the child support amount will be reduced in order to reflect the fact that the parents are now responsible for financially supporting one less child. Child support agreements generally allow the parents to cut off financial support when the child reaches the age of majority. However, some states allow custody agreements to require that the child graduates from college, or that the child becomes married before the support can be terminated;
4. Child’s Standard of Living Before Divorce or Separation: Because the Child’s Best Interests Standard applies to setting child support, the courts consider the standard of living for the child before the divorce. The court will attempt to ensure that the child receives the same standard of living after the divorce or separation, to minimize the disruption and negative effects upon the child; and
5. Needs of the Child: Children differ in the amount of financial support that they require, based on factors such as age or medical status. An example of this would be when considering a child who is still too young to go to school, and the courts will often dictate what portion of daycare expenses each parent should be responsible for. Similarly, a custody agreement will determine which parent is obligated to provide health insurance, and how any out-of-pocket medical expenses are to be split. For children with special needs, such as disabilities, the court will consider how additional expenses should be addressed.

What Are Some Other Factors Used In Setting Child Support?

Family law courts are designated “courts of equity,” meaning they can and do take into consideration all relevant facts and circumstances when determining the most just and fair outcome of the case.

Some examples of other factors that are often taken into consideration include, but are not limited to:

• Support obligations for children from other relationships;
• Retirement contributions; and
• Required traveling for visitation with the child.

It is important to note that there are limits on how often child support determinations can be modified. The time limit varies by state, but is generally a few years. For this reason, it is imperative that a child support arrangement is done correctly the first time.

Do I Need A Lawyer For Help With Child Support?

You should work with a child support lawyer when determining child support and child custody. A child support attorney in your state can help you understand your legal rights and options according to your state’s specific family laws. Additionally, an attorney will also be able to represent you in court, as needed.