One of the most fundamental elements of divorce is financially taking care of your child (if you’re a noncustodial parent). It is important to pay for your child’s healthcare and ensure that every essential need is adequately met. However, while the noncustodial parent is designated to pay the brunt of the child support, the other parent will also share some of the expenses.
Different states have slightly different laws pertaining to how child support is determined or calculated, but the general rule of thumb is that both parent’s income is considered, and the noncustodial parent (the one who spends considerably less time with their child compared to the primary parent) will make monthly or weekly payments to the other parent in the form of child support.
Calculating Child Support: A Glimpse into the Factors Considered
While calculations and child support formulations slightly vary from state to state, generally, most US states first consider both parents’ incomes and the total household income. And depending on the disparity in income, the court can order a minimum or maximum amount of child support to be paid. Plus, it is also important to keep in mind that having more than one dependent child will mean paying more child support per child.
The Factors Considered by the Court When Calculating Child Support
There are a variety of important factors that are evaluated and factored into formulating a fair and balanced child support payment program by the court. Let’s look at some of the most important ones:
Household or Each Parent’s Income
One of the most important aspects of the equitable distribution of marital assets and child support is that the court requires both spouses to be honest and transparent about how much they earn (their total incomes). The word income here means a variety of means of earning, which can be through running a sole proprietor or any other type of business, wages through freelancing, fixed salary employment, investments and profits, pension accounts, severance pay, yearly bonuses, alimony, etc.
In addition, the court will also consider both parents’ work benefits, such as worker compensations, social security payments, disability payments, etc.
Support if you Have Other Dependents
It is important to understand that even if you have other children from a current or previous relationship (by an individual other than your current spouse) you will still be liable for paying child support for the spouse you are divorcing. Albeit the court will make the necessary deductions to balance how you can comfortably take care of both families financially.
However, keep in mind that your new spouse will not be counted as a dependent. Meaning, the court will not reduce your child support just because you must spend money to take care of your new spouse.
Overnight Parenting Time Schedules
In a handful of states, child support is also impacted by the court’s ruling on the noncustodial parent’s overnight visitation. The more overnight visits the parent is entitled to make, the less child support they are asked to pay. The logic behind this concept is that, for that period, the parent is with their child, taking part in their fruitful upbringing and maintaining an emotional connection. They should not have to worry about paying the primary parent any child support for the duration they are with their child.
Medical and Healthcare Needs
On top of the child support amount set by the court or decided mutually, the amount of healthcare expenses will also be shared by both parents. This will include both things that are and are not covered by the child’s medical insurance, such as dental care. Depending on the income levels of both parents, it is likely that both parents will pay for the child’s monthly insurance premiums.
Expenses Related to Child Care Needs
It is also likely that the court will add the expenses pertaining to childcare to the final child support amount. Childcare expenses can be many, for instance, babysitting, recreational activities, preschool, after-school care, and more. However, both parents are required to share these expenses.
Understanding the General Child Support Calculation Formula Used in a Majority of US States
While there are different types of child support formulas and calculations used, such as the Percentage of Income method and the Melson Formula (both of which are used in a handful of states), the most prominent or typically used method is the Income Shares method. This is used in 41 states. Let’s briefly look at what this income share model is.
The income share method essentially provides the child with the same level of financial backing considering the income of both parents when they were not divorced and living together. Here is how child support is calculated using this process.
The parents or the court evaluates the combined monthly income of both parents. After realizing the total income, the income of the parent who earns the most is divided by the combined total household income, determining the percentage of that parent’s income.
Then, both parents’ income percentage is compared with the support obligation ordained by the court, highlighting what amount each parent is responsible for paying. This happens in joint custody.
However, when it comes to sole custody, meaning when the court determines a primary parent for the child, creating a visiting schedule for the noncustodial parent, it is the noncustodial parent who will be responsible for paying the full brunt of child support.
A Look into Child Support Arrears
Child support arrears are any unpaid or pending amounts owed by the noncustodial parent to the primary parent. It is a total or accumulated number of missed payments that need to be paid no matter what. It is also vital to note that these arrears are enforceable by law and the uncomplying or unwilling parent will stand to face serious legal consequences.
When the primary parent petitions a complaint against the non-payment of child support payments, there can be a slew of legal repercussions that the payee may face. After the court evaluates the reason behind missed payments (unemployment or hardship) both of which will need to be proved, the court will proceed towards the ramifications.
However, if the reason is genuine, if the parent can’t find a job despite their multiple attempts, it is possible that the court may lower the total payment owed until the payee can secure a decent job.
But if the payee is deliberate and intentional in their actions, the court can proceed to cancel their driver’s license and/or business license, put a lien on the payee’s property, report an adverse credit score, proceed towards criminal prosecution (which can mean either incarceration or monetary penalties), or issue a passport denial.