Main Factors the Court Considers for Child Support Payments
Going through a divorce can be a drawn-out and emotionally draining process, particularly when children are involved. Not only must assets be distributed and property divided, but also child custody and support must be determined.
The determination of child support payments usually follows a specific formula that considers a variety of factors. The ultimate amount is generally based on the child support guidelines for each state, which provide parents with a great deal of information on how the calculation is carried out.
In most states, child support guidelines adhere to the Income Share Model. Under this approach, both parents are financially accountable for the children regardless of the living arrangements.This model ensures that the children receive the same degree of financial assistance as if their parents had not separated.
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Child Support Calculations
Child maintenance is designed to assist the primary caregiver with the costs involved with raising a child. This may include assistance for purchasing food and clothing, as well as any educational, medical, and incidental expenses. Some of the elements that determine the amount of child support the main caretaker will receive include, but are not limited to, the following:
The Gross Monthly Income and Earning Potential of Each Parent
A judge is not likely to order a parent to pay child maintenance that exceeds their affordability scale. That’s why the court factor in both parents’ present gross income and earning potential.The gross income comprises all relevant sources of income, such as dividends, pensions, wages, workers’ compensation, alimony, unemployment insurance, social security, and disability benefits.
When it comes to determining each parent’s earning potential, the court considers various factors such as their education, job history, past and present incomes, and employment possibilities. For instance, if there is employment expansion in their particular industries. This allows the court to calculate the amount of money that might potentially be earned in the future.
Some parents lack the financial capacity to maintain themselves and their children without considerable assistance from the other. For instance, the earning capacity of a stay-at-home parent who has been out of the job for the past several years is likely to be judged lower than that of a divorcing career-holder.
The Number of Children Involved
Age and the number of children are important considerations when determining child maintenance payments. The general rule is that if there are more children involved, the non-custodial parent will be obligated to pay a higher percentage of their gross income to the primary caregiver. Some guidelines state that the percentages should be 17% for a single child, 25% if there are two, if there are three, it may be 29%, and if there are four, it may be 31% and 35% for five or more. However, a judge can decide to deviate from those percentages if there is a good reason to do so.
It is worth noting that, in some cases, a judge may order child support that surpasses the predetermined cap. In the state of New York, for example, when judges are applying the aforementioned percentages to combined parental income, they will stop at $148,000. However, child support surpassing this amount can still be ordered at the judge’s discretion, taking into account numerous different factors, such as the needs of the children involved, the other financial resources available to each parent, any tax consequences, and so on.
The Total Cost of Child Care (Per Child)
The cost of child care, such as daycare, after-school care, and babysitters, is taken into account when a court determines how much child support the non-custodial parent will need to pay to the custodial parent. In most cases, the cost of child care is split evenly between the parents under the law. However, this may vary depending on the state.
It is essential, when assessing the cost of child care, to understand the ramifications of including this price in child support calculations. Initially, it may appear obvious that child care expenses should be contributed to child support like any other expense.
However, the idea is that the primary caregiver works outside the house and earns money, preventing them from caring for the children at home. If the custodial parent is employed, the earned money can be used to maintain the children, which will alter the computation of child support. It may be claimed that the income of the custodial parent also sustains the custodial parent.
The Living Arrangement of the Children
Parental visitation time is another factor that can affect child support payments. For instance, some parents may believe that they do not have to pay child support if they share custody of their children. However, this is not always the case.
While the parent who earns the greater salary can be considered the “non-custodial parent” for child support purposes, this does not mean that this parent is automatically entitled to 50% of the child’s time. Each situation is different, and a judge will consider each case individually. If you need help understanding the whole process and how your case can be dealt with, family lawyers at The Hobson Law Firm will be more than happy to assist.
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We can help. We can guide you through the consultation process starting with a scheduled call back from a member of our intake team. If you would prefer to speak directly and confidently with an attorney, a paid hour consultation is also available. To arrange a meeting, contact us today.
Ready to Get Started?
We can help. We can guide you through the consultation process starting with a scheduled call back from a member of our intake team. If you would prefer to speak directly and confidently with an attorney, a paid hour consultation is also available. To arrange a meeting, contact us today.
Contact Hobson & Hobson Today to Talk to Experienced Child Support Lawyers in Canton, Georgia
What Happens When a Parent Fails to Pay
If the parent obliged to pay child support fails to make a payment, the other parent may bring a motion for contempt to compel payment. There are various legal remedies, including salary garnishment by the court, but if the parent persists to avoid paying, he or she may face criminal charges.
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If you are in need of assistance, our child support attorneys at The Hobson Law Firm are more than happy to help. With experienced family lawyers on staff, we can go over your options and find the best solution for you. Contact our Canton office today to get started.
