Typically, judges won't deviate from the formula unless one parent can demonstrate that there are extenuating circumstances that require a deviation.
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Lawyer Directory. Call us at 1 How Is Child Support Determined? Learn about how courts calculate child support using a variety of factors.
At the beginning of every case, both parents most exchange and submit the following the court: recent W-2 tax document paystubs to show hourly rate or salary, hours worked, and tax exemptions, and any other documents showing income, which can include wages, overtime pay, tips, gratuities, payment from an IRA, rental income, bonuses, commissions, or any other money from all employers.
The Formula Controls Every state presumes that the child support calculation produces the correct amount of child support for each case. When parents are divorced or separated, or were never married to each other, child support is intended to make sure they each provide their fair share of this financial support for their kids.
That basic principle might seem simple, but calculating the amount of support parents should pay can be complicated. Here are some answers to common questions about child support. When both parents don't live together with a child, that kid usually lives primarily with one of the parents known as the "custodial parent" —except in cases where the parents have joint physical custody.
Child support is the amount of money the noncustodial parent pays to the custodial parent to help cover the child's basic needs. Child support is generally part of a court order, even if that order is based on an agreement between the parents more on that below. However, each state establishes its own guidelines.
So if you're asking how much child support you'll have to pay, the answer is that it all depends on the guidelines adopted by your state , as well as your unique circumstances. Because both parents are obligated to support their children, the guidelines calculate a range of child support each parent is responsible for. Judges generally have the freedom in individual cases to order child support that doesn't follow the guidelines exactly, if that's warranted.
A state's divorce laws usually spell out the acceptable reasons for deviating from the guidelines more on that below. Regardless of how much latitude the law may give judges, the guidelines in effect in most states specify factors that judges must consider when they're deciding who pays how much child support.
These factors usually include items such as:. Before making a decision on child support, courts normally require each parent to fill out a form that provides a complete picture of that parent's financial situation, including details of their monthly income and expenses. When setting a level of child support, a judge will usually consider the family's standard of living before the parents' divorce or separation.
Then the judge will try to order support that will continue this living standard—at least as much as possible. At the same time, however, judges know how difficult it is to support two households on the same income that formerly supported one home. In light of that, maintaining the children's previous standard of living is more a goal than a guarantee. They can. Market Your Law Firm. Lawyer Directory. Call us at 1 How do judges determine how much child support to order?
State guidelines are the starting point. Using State Guidelines Every state has a formula for calculating child support, and judges use those formulas to determine how much child support will be paid in each case. Most states consider at least some of these other factors in calculating child support: child support or alimony either parent receives from a previous marriage whether either parent is paying child support or alimony from a previous marriage whether either parent is responsible for children from a previous or subsequent marriage which parent is paying for health insurance, and the cost which parent is paying day care costs, and the cost whether either parent is required to pay union dues or has other amounts deducted from paychecks ages of the children whether either parent receives irregular income such as bonuses or incentive pay, or expects severance pay or other lump-sum payments, and whether either parent lives with a new partner or spouse who contributes to household expenses.
Setting Support Higher or Lower Than the Guidelines If you think that the guidelines shouldn't apply for some reason but your spouse doesn't agree with you, you'll have to tell it to the judge. Here are some circumstances that might cause a judge to set support above or below the guideline amount: The noncustodial parent can afford more. If the paying parent earns a great deal of money, has other significant assets, or receives in-kind compensation like employer-provided housing, the judge may order a higher-than-guideline payment.
The guideline amount is more than what's needed. If the noncustodial parent makes so much money that the guideline support amount would be much more than is needed to pay for the children's regular expenses, the judge might reduce the amount. The paying parent can't pay. You should also bring proof of your income. If you have other children in the home, you should bring documentation to show that the other children live with you.
If you are the person who will be paying child support, you should bring proof of your income. You also should bring documentation of any payments you have made to the other person or expenses you have paid for the children. For example, you should bring proof of payment of rent, cell phone or car payments for the custodial parent or proof that you have provided groceries, clothing, diapers, etc.
Do I need to hire an attorney for child support court? When will I start receiving child support? How should I pay child support? There are several possibilities if your case goes through CSE. In many cases, the judge will set up automatic deductions from your paycheck.
If the money is not deducted, you are responsible for making the payments. You can make payments online using a credit or debit card or by setting up automatic bank drafts. Visit the ePayments site here to register for an account, or here for more information about online payments and statements. You can contact North Carolina Child Support Enforcement for more information about payment options or to make a payment at , and can view additional contact information for the agency here.
If your case was not filed by CSE, a judge will instruct you on how to pay. What is family court? How is child support calculated? How can I estimate the amount of child support in my case? Calculator if one parent has primary custody Calculator if the parents have joint custody Calculator if the parents have split custody What if I have other children?
What is the minimum that a person can be ordered to pay in child support per month? What can I do if the other party is not paying child support? What are the consequences for refusing to pay child support? When can I get a modification of child support? How can I file to modify child support? What if I am required to pay child support, but I lose my job? What if I find out that I am not the father?
What happens when my child turns 18 years old? Can parents agree that support will be paid until a child graduates from college? Am I required to go to court to ensure that child support lasts past age 18?
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