Divorce Guide

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Establishing and calculating child support


Child support

If there is separation or divorce, the custody of the child is disputed. The divorce decree includes child support order in such cases. The child support order defines the frequency and the amount of child’s support payment one has to make to the custodial parent. All this is for the support of the minor child involved in the process. The main purpose of the child support order is to regularly transfer the amount involved to financially support the child.

Determination of the payment of child support

There are basic and objective guidelines for the payment of child support. Many states have their own mathematical formulas to determine the amount involved for child support. There are child support calculators and attorneys make use of those for their clients. This gives an estimate of the amount involved the non custodial parent is supposed to pay to the custodial parent.

Factors involved in calculating child support

The child support calculation formula takes into account the net incomes of both the parents. Social security and medical taxes, health insurances, state and federal income taxes, union dues and all other mandatory expenses are deducted from the gross income. The child support amount is then calculated from the remaining amount. Evidence of income is required and it includes pay statements, profit/loss statements of sole proprietorships, tax returns, etc. this evidence is necessary as the parties involved cannot hide their income which should be include while calculating child support.

Other factors for calculating child support

Determining the amount of child support is very complex. Moreover, the formula to calculate child support varies form state to state. Some states have computer programmes to determine the amount while some states have different methods. You should involve an attorney to provide you with the expertise with the child support formula in your jurisdiction. In addition to the income of the parents, the child support formula considers many other things. There factors are listed below.

  1. Amount of time the child spends with the parent
  2. If the child is living with the parent
  3. The number of children
  4. Special or medical expenses
  5. Educational needs
  6. Existing support orders for families
  7. High incomes
  8. Very high standard of living of either of a parent
  9. Extraordinary expenses of visitation
  10. Child’s own financial resources like trust, inheritance, etc

Establishing child support

The very first step in establishing the child support is to determine the amount involved in child support and medical support. There are guide lines to determine the child support. All the expenses are included in the guidelines of child support. It is easier if both the parents agree to the amount and this is called as consent support agreement.

If one of the parents disagrees then you can approach a family court. The court reviews all the facts and then issue an order. You can involve a lawyer or contact your areas legal aid office. The office will then file a complain and schedule a hearing in the family case. Both the parties involved are notified about the time, date and venue. Hearing officer or a judge may take a decision and all the orders are signed by the judge.

Need of the information about you and the child Birth certificate of the parents and the child Social security number Information about income


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