During a divorce, child support will need to be determined. The calculations used to determine this will vary depending on the state that you live in. However, it is important that you know the basics of this when you are going through a divorce and have children.
How Do The Courts Determine Child Support
The Federal Child Support Enforcement Act details that each state is able to develop guidelines for calculating child support payments based on the income and expenses of the parents said a lawyer from Holtz Law. The guidelines that are used by the courts will vary greatly from one state to the other. This means that the child support ordered in one state could be far higher than in another state.
While the guidelines differ from one state to the other, there are certain factors that have to be taken into account. These factors are the same across all of the states and will include the needs of the child. The needs of the child will be the cost of daily care, health insurance, education and any special needs they might have.
The needs and income of the custodial parent will also need to be taken into account. The ability of the other parent to be able to pay child support is also important. The standards of living for the child before and after the divorce will also be looked into.
Will High Living Expenses Be Taken Into Account?
When the court is determining child support, they will look at the gross income of the paying parent less any mandatory deductions. Mandatory deductions will include social security, healthcare, income tax and union dues. Most states will not include other deductions such as wage attachments and credit payments.
The reason why loans and other debt are not taken into account is the fact that the courts view these payments as less important than child support. In the eyes of the court, child support is seen to have a higher priority than any other debt that the paying parent may have. The court will only take into account the expenses that they deem reasonable for their basic needs. These necessities will include food, rent or mortgage payments and health care.
Able To Earn Or Actual Earnings
In a lot of states, the ability to earn will also be looked at along with the actual earnings of the paying parent. This means that the judge could determine a higher child support amount if there is a discrepancy in this. While the actual earnings are an important factor, they are not conclusive when there is evidence that the person could be earning more if they chose to.