Disclaimer. This article is for information purposes only. It is not to be taken as legal advice.
Let’s get right to it, the calculation of child support varies from state to state, but there are general principles and guidelines that are followed nationwide.
The Federal Child Support Guidelines
The federal government has established guidelines to ensure that child support calculations are consistent and fair. The Child Support Enforcement Act of 1984 requires each state to develop its own guidelines for calculating child support. However, these state guidelines must meet certain federal criteria to ensure fairness and consistency.
The federal guidelines are based on the principle that both parents are responsible for the financial support of their children. They aim to minimize the economic impact on the child when parents live separately and to ensure that the child receives a fair share of each parent’s income.
State-Specific Guidelines
While each state must adhere to federal guidelines, they have the flexibility to develop their own specific methods for calculating child support. These methods generally fall into three models: the Income Shares Model, the Percentage of Income Model, and the Melson Formula.
1. The Income Shares Model: This model is based on the concept that a child should receive the same proportion of parental income that they would have received if the parents lived together. Both parents’ incomes are considered in the calculation, and the child support amount is divided between the parents based on their respective incomes.
2. The Percentage of Income Model: This model calculates child support as a percentage of the noncustodial parent’s income. The percentage can be a flat rate, regardless of the noncustodial parent’s income, or it can vary depending on the income level.
3. The Melson Formula: This is a more complex model that considers each parent’s income, provides for the parents’ basic needs, and includes a standard of living adjustment for the child.
Factors Considered in Child Support Calculation
Several factors are considered when calculating child support. These include:
– Each parent’s income: This includes wages, salaries, bonuses, commissions, and other forms of income. Some states also consider potential income if a parent is voluntarily unemployed or underemployed.
– The child’s needs: This includes the child’s health insurance, educational expenses, daycare costs, and any special needs.
– The amount of time the child spends with each parent: In some states, the noncustodial parent may pay less child support if the child spends a significant amount of time with them.
– Other financial responsibilities: This includes the support of other children, alimony payments, and other financial obligations.
