While there are guidelines in every state for what child support settlements should include, most states have a child support calculator that gives a more specific total of what each parent should contribute to the financial needs of their children. In addition, the internet contains many child support calculators that parents can use to estimate court-ordered amounts of child support. However, when all those calculations are complete, if the parents are in a courtroom concluding a trial to determine those orders, the judge has a great deal of leeway in deciding whether to follow the calculated guidelines.
Child Support Factors
The first step in determining child support amounts is for courts and parents to consider the state guidelines for the child’s needs:
- The best interests of the child
- The child’s age, since younger children require less support than teenagers (although cost-of-living adjustments should be factored into the agreement to avoid having to return to court to modify them when necessary)
- The ability of the non-custodial parent to pay child support
- The earning capacity of the custodial parent
- The medical needs of the child
- The educational needs of the child
- Daycare expenses for both parents
- Travel expenses for the non-custodial parent’s visitation (if necessary)
- Health insurance needs of the child
- Child support and alimony payments of either parent to previous spouses or children
The way these guidelines are framed and emphasized vary by state, so every parent should access their own state laws before attempting to make an estimate of what their child support payments will be.
Child Support Calculations
If parents are required to attend a hearing to settle child support orders, they will be required to submit all of their financial information to the court so the judge can make an informed and accurate calculation. The judge will then use guidelines similar to these to make their final calculations:
- Add the gross (or net) monthly income of both parents
- Subtract any child support or alimony payments to previous spouses or children
- Subtract health insurance costs for the child and obtain the combined income total
- Calculate what percentage of the combined income comes from each parent
- Consult the state’s child support table to determine the support amount for a family with their income and number of children
- Add any work-related childcare costs
- Add any special medical expenses of the child
- Add educational expenses (including extracurricular activities)
- Calculate the total support obligation required for the child from those amounts
- Divide the total support obligation according to the proportion of income attributed to each parent
This provides courts and parents with the estimated amount of child support a non-custodial parent should pay. This is a general calculation used when one parent has physical custody. When parents share physical custody, a different formula must be used.
Getting Legal Help with Calculating Child Support Payments
While each state has their own unique guidelines, most are substantially similar. It is important to remember that courts are not required to order the total of those calculations for child support. They may consider any other elements they deem relevant. However, if a child support settlement must be determined in court, there are significant areas of conflict. It can be vital for parents to obtain the help of a skilled child custody attorney to present their case effectively and be sure that appropriate support amounts are ordered.
