The official formula for calculating child support varies from state to state. Some states weigh certain factors more heavily such as calculating income only on a 40-hour-work-week – while others states do not. It is important that you check with an experienced Apple Valley family law lawyer in your area to find out how your state and particular court calculates child support.
Furthermore, in many states, a calculated child support amount is “presumptive”. This term means that a judge, in his or her discretion, may deviate from the “presumptive” child support calculation. Again, another good reason to talk with a family law lawyer.
Below is an example of how one state may calculate the amount of child support that an “obligor” must pay:
Calculating Child Support
To determine the obligor’s (child support payer) basic support obligation, the court shall:
- (1) determine the gross income of each parent;
- (2) calculate the parental income for determining child support of each parent, by subtracting from the gross income the credit, if any, for each parent’s non-marital children
- (3) determine the percentage contribution of each parent to the combined by dividing the combined amount into each parent’s non-marital children calculation;
- (4) determine the combined basic support obligation by application of guidelines which are set in another statute
- (5) determine the obligor’s share of the basic support obligation by multiplying the percentage figure from clause (3) by the combined basic support obligation in clause (4); and
- (6) determine whether parenting expense adjustment should be allowed, if any, and adjust the obligor’s basic support obligation accordingly. If the parenting time of the parties is presumed equal, there will be a credit given and other law will be used to figure out which parent receives child support.
These are only 6 common examples of how child support is calculated. Many other factors can come into play and it depends on the law in your particular state.
A final child support order will most often designate, separately, the amount owed for basic support, child care support, and medical support. Again, the court does have some discretion to deviate from the orders, but a judge will stick close to the calculations unless a persuasive argument can be made by a skilled family law lawyer.
In Utah it is all done by statue. The main factors are how much you have the children and how much money each parent makes. Usually if one person does not have a job they will input them at minimum wage. Great blog. Great information.