Report a problem on this page Please select all that apply: Something is broken. Provide more details optional :. The page has spelling or grammar mistakes. The information is wrong. The information is outdated. Thank you for your help! If a judge believes that you're voluntarily unemployed or underemployed, the judge may "impute" income to you. Basically, this means that child support will be calculated based on what you should be earning, rather than on your actual income.
That said, there may be legitimate reasons why some parents aren't earning up to their potential. For example, they may have a disability that prevents or limits employment, or they may have been laid off and unable to find a new job despite a diligent search.
Also, depending on state law, some judges might not impute income if a parent is pursuing higher education. When determining a parent's potential employment and earnings, judges tend to look at the parent's level of education, recent work history, and occupational qualifications, as well as prevailing job opportunities and pay levels in the community.
When determining a parent's income for child support purposes, judges typically look at the parent's gross income from all sources.
They then subtract certain required deductions, like income taxes, Social Security taxes, health care, and mandatory union dues. Judges may or may not consider other expenses, depending on what they're for.
Remember that the top priority for a child support order is to protect the children's interests. So, for example, it's not reasonable to expect a judge to lower a child support obligation because a parent has to pay off a gambling debt. A good way to put this in perspective is to look at some of the factors judges can consider when determining whether to deviate from the guidelines. These factors may include:.
A COLA clause in a child support order means that payments automatically increase according to a schedule, at a rate equal to an increase in the cost of living as determined by an economic indicator such as the Consumer Price Index.
This eliminates the need for any modification requests based solely on cost-of-living increases. Some states require that child support orders include COLA clauses. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Cookies on GOV. UK We use some essential cookies to make this website work. Accept additional cookies Reject additional cookies View cookies.
Hide this message. Home Childcare and parenting Divorce, separation and legal issues. Calculate your child maintenance. The income shares model assumes that a parent should receive the same percentage of support from a noncustodial parent that they would receive if both parents lived together.
This model takes the incomes of both parents into account when determining how much should be paid. Forty-one states, Guam, and the Virgin Islands use the income shares model for child support calculations. As the noncustodial parent, the amount that you would pay would be 0.
Four states use the flat-rate model for child support determinations, while two states use the varying-rate model. The Melson Formula is a variation on the income shares model that attempts to ensure that the financial needs of the parents and the child are both met.
Depending on where you live, you should be able to apply for child support with your Department of Social Services or Child Support Services division. You may be able to apply online or in person. If English is not your first language—or if you have a disability that prevents you from applying for support online—then your Social Services department should be able to help you with filing a child support claim.
Aside from income, the court can also consider individual costs of raising a child, including childcare, medical expenses, and insurance and educational expenses. Once a child support order is established, the noncustodial parent may be able to make payments to the Department of Social Services.
It would then distribute them to the custodial parent. Alternatively, your state laws might require automatic wage garnishment for child support payments. Failing to pay court-ordered child support could lead to enforcement actions, including jail time and fines.
Child support is designed to cover the needs of children after the end of a marital or nonmarital relationship. Navigating who should pay and who should receive child support can be tricky, especially if that issue is also connected to a custody battle.
Understanding what your rights and obligations are with regard to providing for the care of children can help if child support is part of your financial picture. Census Bureau. Accessed July 29, National Conference of State Legislatures. North Carolina Child Support Services. Internal Revenue Service. Saving For College. Life Insurance.
0コメント