How is child support determined?
Each state has child support guidelines that are used as the foundation for determining the amount of child support owed. While guidelines vary from state to state, courts setting child support orders will generally follow the amount suggested by the guidelines unless exceptional circumstances exist – such as a child requiring extensive medical treatment. Most guidelines factor in the needs of the child, the relative ability of each parent to pay support and the standard of living the child would have enjoyed if the parents had remained together.
In Florida, child support, as well as child care and health care costs, is determined primarily using statutory numerical guidelines based upon the relative net incomes of the parents. However, there may be a justification to depart from the guidelines based on factors such as the child’s age, station in life, standard of living, or other needs, considered in context with the financial status and ability of each parent. Relevant factors that are considered may include but are not limited to the following: a. Extraordinary medical, psychological, educational, or dental expenses of the child. b. Independent income of the child. c. The historical and regular payment of support for a party’s parent who has a demonstrated need. d. Seasonal variations in the parties’ incomes or expenses. e. The age of the child. f. Special needs of the child that have traditionally been met within the family budget. g. Total available assets of the parties. h. The impact of which parent will claim the IRS de
The vast majority of child support is paid according to the Child Support Guidelines; According to the Texas Family Code, child support is calculated by multiplying the proper percentage by the paying parent’s net income. Net income is calculated by subtracting only 5 items from the parent’s gross income (gross income includes commissions, overtime pay, tips, bonuses, interest, dividends, rental income, royalty income, trust income, retirement income, disability income, etc.): (1) social security taxes, (2) federal income tax (based on the tax rate for a single person claiming one exemption), (3) state income tax (for individuals who reside in states that collect state income tax), (4) union dues, and (5) health insurance premiums for the child(ren) The proper applicable percentage is calculated by determining how many children the paying parent has an obligation to support; For example, a parent who only has an obligation to support one child will pay 20% of net earnings; A father who
