How is child support determined?
There are Oregon Administrative Rules regarding child support. We fill out a worksheet with you which includes gross monthly income and expenses, including child care and health insurance costs (if any). These rules factor in the additional expenses if you or your spouse has other children. If a child resides primarily with one of you, the other one will be ordered to pay an amount of child support established by the Oregon Administrative Rules as a way to try to even out the expenses. Even when a child’s time is split evenly between you and your spouse, child support may still be an issue, especially if one of you earns more than the other or pays more for child care and/or health insurance.
Unlike spousal support which can be subjective and is determined by the court after weighing numerous factors, the determination of child support is a relatively straight-forward process. In cases where one parent has primary custody and the non-custodial parent has custody for less than 90 days a year, the incomes of the parties are combined, certain allowable expenses such as child care costs and hospitalization cost for the children are taken into consideration and the required child support amount is determined using the tables provided in Virginia Code Section 20-108.2. The liability of each parent is then determined based on the relative income of the parties. This guideline amount is presumed correct by the statute. In cases where the non-custodial parent has custody for more than 90 days, the percentage of time the child spends with each parent is also taken into consideration. A child support amount which differs from the guideline can be agreed upon by the parties in a Proper
Except in extreme income cases, child support is calculated using the New Jersey Child Support Guidelines. A Sole Parenting Worksheet will be used, where one parent has less than 28% of the overnight parenting time in a year. A Shared Parenting Worksheet will be used where one parent has at least 28% of the overnight parenting time in a given year. There are exceptions to this rule, depending on the incomes of the parties, and other factors. Once the parties’ incomes are determined and the amount of overnight parenting time is established for each parent, a Child Support Guidelines Worksheet is prepared to determine the appropriate level of child support. In cases where the parties’ combined net weekly income exceeds the Guidelines threshold, statutory factors are applied to determine the appropriate level of child support. Child support may be modified based on a showing of changed circumstances, including a permanent increase or decrease of income. Also, child support is reviewable w