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ABA Reaching the Community: Practical Law Presentations: Family Law: Child Support Guidelines




 
Reaching the Community

Practical Law Presentations

Family Law
Child Support Guidelines

(download this info. as a word document)

Guidelines in each state determine child support.

Guidelines are formulas which consider the income of the parents, the number of children, and perhaps some other factors. The formulas are based on studies of how much families ordinarily spend for raising children.

The guidelines apply equally to children born to married parents and to children born out of wedlock.

One type is based on the income of the person who is supposed to pay child support and the number of children. The other type of guideline is based on the income of both parents and number of children. This second type of guideline often is referred to as the income shares model.

Departing from Support Guidelines

Reasons for going above guidelines:

  • Child care expenses (especially if unusually high)
  • Medical and dental expenses not covered by insurance
  • Special educational needs, such as private school, tutoring, speech therapy
  • Recreational activities such as summer camp, sports teams, and after-school activities
  • Income of noncustodial parent’s new spouse (which may free funds of the noncustodial parent to pay more child support)
  • Voluntary unemployment or underemployment of the noncustodial parent (in which case the court may attribute income to the noncustodial parent in an amount that the court thinks the parent should be making, even though he or she is not)

Reasons for going below guidelines:

  • Unusual custody arrangements such as splitting custody of the children (some with mother; some with father)
  • Joint custody arrangements in which the child spends an equal amount of time or a substantial amount of time with each parent
  • High cost of transportation for child to visit with noncustodial parent, such as when the parents live in different states
  • High income of the noncustodial parent (particularly if the guidelines do not have a cut-off point for which the guidelines do not apply for income above a certain level)
  • The noncustodial parent’s duty to support other families, including a new spouse and child
  • The noncustodial parent’s debts, particularly if the debts were incurred during the marriage to the spouse or former spouse who is seeking support
  • Income of the custodial parent’s current spouse (which frees funds of the custodial parent to support the child)
  • A need to channel funds to a closely held business (which may help the business grow and provide funds for more child support in the future)
  • Property division in connection with a divorce, such as giving the custodial parent a home with a paid-off mortgage or low mortgage
  • Significant income of the child, such as from a trust fund received by inheritance

>>Family Law Home
>>Separation, Annulment, Divorce
>>Dividing Property in Divorce
>>Determining Custody
>>Tips for Divorced Parents
>>Child Support Guidelines
>>Unpaid Child Support


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