How is child support determined and is it based on how much you make? 37 Answers as of August 22, 2011
My ex and I have no child support agreement. We have joint custody but he has physical legal custody. If I were to have to pay him child support if we were to have to go to court, how is it determined?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereThe Law Office of Kem Eyo, LLC | Kem Eyo
I'm guessing that you have joint legal custody and he has primary physical custody. Child support is determined based on both parents' income. You can determine the amount of child support by using the GA Child Support Calculator.
Answer Applies to: Georgia
Replied: 8/22/2011
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
Most California Court's use the program called "DissoMaster" to calculate child support. It is a very complicated calculation which is based primarily on how much money each party earns and how much time each party spends with their child(ren). The DissoMaster requires a lot of other information to be considered, including, but not limited to the following: a) your tax filing status and how many exemptions you claim; b) how many children you have with the other parent; c) taxable vs. non-taxable income (wages, self-employment income, interest, dividends, rental income, capital gains, losses, etc.; d) your itemized deductions such as mortgage payment, property taxes, medical expenses, charitable contributions, etc.; e) whether you are remarried; f) adjustments to income; g) who pays health insurance and how much it costs; h) hardships; and i) other miscellaneous items and expenses. This is a very complicated area of the law and you should consult with a Family Law Attorney or Accountant to discuss these issues in more detail.
Answer Applies to: California
Replied: 8/21/2011
The English Law Firm | Robert English
There is a standard formula for support based on relative income, timeshare, and other factors. Usually this is calculated using child support software.
Answer Applies to: California
Replied: 8/12/2011
Reeves Law Firm, P.C. | Roy L. Reeves
Child support is based on income (net resources - meaning all income less single one taxes) of the non-custodial parent. There is a chart that tells the amount. 20% for the first child, 5% for each additional child. There are deductions if there are other children not before the court.
Answer Applies to: Texas
Replied: 8/11/2011
Law Office of Robert L. Fiedler | Robert L Fiedler
Child support in Connecticut is based on income, not expenses. There is a child support guideline booklet that is available in the court that would better explain the process.
Answer Applies to: Connecticut
Replied: 8/10/2011
Neville J. Bedford Attorney at Law | Neville J. Bedford
Yes, it is based on the combined gross income of both parties.
Answer Applies to: Rhode Island
Replied: 8/9/2011
Horizons Law Group, LLC | Michelle B. Fitzgerald
It is based upon 17% of gross income to the parent with physical placement in Wisconsin. Other states calculate it different. If placement is shared (anything over 25% time) then another formula is used.
Answer Applies to: Wisconsin
Replied: 8/9/2011
Beaulier Law Office | Maury Beaulier
Child support is based on two factor, the income of both parents, and the parenting time exercised by each parent.
Answer Applies to: Minnesota
Replied: 8/9/2011
Roscich & Roscich | John Roscich
Visit our web site page, "child support" for the law. Support is figured on the net income, as defined in the law, of the payor (non custodian) and varies based on the number of children. One child=20%, two children=28% and so on.
Answer Applies to: Illinois
Replied: 8/9/2011
Michael Anthony Wing, P.C. | Michael Anthony Wing
Alabama Rule of Judicial Administration 32. Google it and you can find a child support calculator on line. Stay well.
Answer Applies to: Alabama
Replied: 8/9/2011
Beresford Booth PLLC | S. Scott Burkhalter
Generally, child support is based on your combined income and paid in accordance with support guidelines including the child's age. The person receiving support is typically the primary parent (i.e., the parent that has the most overnights with the child in a calendar year).
Answer Applies to: Washington
Replied: 8/9/2011
Law Office of Michael W. Bugni | Jay W. Neff
Child support in Washington is based upon several factors. Some of these are: how much each of the parents makes, the number of children, the ages of the children, the cost of work related daycare, the cost of health insurance for the children, and several other factors. All of this goes into a program that calculates the child support amount. The state has a calculator program available to the public at: https://fortress.wa.gov/dshs/csips/ssgen
Answer Applies to: Washington
Replied: 8/9/2011
ROWE LAW FIRM | Jeffrey S. Wittenbrink
Child support in Louisiana is determined on the income shares method. The court will take each party's gross income per month, add it together to come to a figure on the Child Support Guidelines table. That number will generate a Basic Child Support Obligation. The BSO will be divided by the parties on a pro-rata basis, based on each party's percentage of the total income. The party who has the primary custody of the children will be paid by the party who has mostly visitation. There are certain exceptions based on whether the non-custodial parent has extra visitation. If the parties share custody on a 50-50 or near 50-50 basis, a different calculation is used completely.
Answer Applies to: Louisiana
Replied: 8/9/2011
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
New Jersey uses a pretty complicated calculation, with a lot of factors. Most of it is based on your income and his income.
Answer Applies to: New Jersey
Replied: 8/9/2011
Petit & Dommershausen SC | Tajara Dommershausen
If he has the child most of the time, it would be a straight percentage of your gross income (17% for one child, 25 for 2, 29 for 3)
Answer Applies to: Wisconsin
Replied: 8/9/2011
Law Office of Roianne H. Conner | Roianne Houlton Conner
It is determined by the Child Support Guidelines and based on your monthly gross salary as well as your ex's monthly gross salary
Answer Applies to: Alabama
Replied: 8/9/2011
Goolsby Law Office | Richard Goolsby
Generally, in Georgia, the child support guidelines are based upon each party's gross income, along with a number of other factors. Good luck.
Answer Applies to: Georgia
Replied: 8/9/2011
Edward Papa, Esq. | Edward Papa
There is a child support worksheet at http://www.nycourts.gov/divorce/forms_instructions/ud-8.pdf . That being said, having an attorney is important. Your attorney will make sure your unique circumstances are taken into account. The child support guidelines law lists 10 factors that should be considered in deciding on the amount of child support for to vary the numerical result of these steps because the result is "unjust or inappropriate". These factors are: 1. The financial resources of the parents and the child. 2. The physical and emotional health of the child and his/her special needs and aptitudes. 3. The standard of living the child would have enjoyed if the marriage or household was not dissolved. 4. The tax consequences to the parents. 5. The non-monetary contributions the parents will make toward the care and well-being of the child. 6. The educational needs of the parents. 7. The fact that the gross income of one parent is substantially less than the gross income of the other parent. 8. The needs of the other children of the non-custodial parent for whom the non-custodial parent is providing support, but only (a) if Line 23 is not deducted; (b) after considering the financial resources of any other person obligated to support the other children; and (c) if the resources available to support the other children are less then the resources available to support the children involved in this matter. 9. If a child is not on public assistance, the amount of extraordinary costs of visitation (such as out-of-state travel) or extended visits (other than the usual two to four week summer visits), but only if the custodial parent's expenses are substantially reduced by the visitation involved. 10. Any other factor the court decides is relevant.
Answer Applies to: New York
Replied: 8/9/2011
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Child support is generally determined by the Child Support Guidelines utilized by the particular state where the child and custodial parent reside. Information on these guidelines for the particular state involved in readily available on the Internet. M.E.
Answer Applies to: Virginia
Replied: 8/9/2011
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
Child support is determined from the Child Support Guideline chart you can find here, scroll down to the charts. http://courts.arkansas.gov/aoc/acs_guidelines.cfm If you have joint custody and have the children more than the standard visitation schedule you might have some of your child support abated, and if you have your children 50% of the time there should be no child support.
Answer Applies to: Arkansas
Replied: 8/9/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
Child support is determine on the income of each of the parties as well as the timeshare that each parent has with the children.
Answer Applies to: California
Replied: 8/9/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
California courts have been operating under a support guideline since 1984. The formula is driven by 3 key factors: gross incomes of the parties, percentage of time share and tax advantages or disadvantages that impact available income for support. Attorneys that regularly practice family law have this software program in their office computers.
Answer Applies to: California
Replied: 8/9/2011
Law Office of James Lentz | James Lentz
The child support formula is found in the Ohio Revised Code and is fairly complicated. Please see a domestic relations attorney for the most complete answer to this question.
Answer Applies to: Ohio
Replied: 8/9/2011
Meriwether & Tharp LLC | Patrick Meriwether
In Georgia, child support is calculated based in large part on the income of both parties. This information is placed into a child support calculator which can be found at https://services.georgia.gov/dhr/cspp/do/public/SupportCalc
Answer Applies to: Georgia
Replied: 8/9/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
The short answer is that the court calculates the Child Support Guidelines based upon each party's respective earnings (or earning capacities). However, other factors are relevant such as: other dependent children, who pays for health insurance, Shared Physical Custody, etc.
Answer Applies to: Pennsylvania
Replied: 8/9/2011
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
Child support is determined by a formula that takes into consideration both parties' income, whether they provide any insurance for the children, and other similar things for the children. To answer this question adequately, it is best to seek counsel from a licensed attorney.
Answer Applies to: Alabama
Replied: 8/9/2011
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
Child support is based on the net incomes of both parties, and also takes into account any childcare expenses, child's health insurance costs, and any uncovered child's medical expenses.
Answer Applies to: Florida
Replied: 8/9/2011
Ashman Law Office | Glen Edward Ashman
Georgia uses income shares, which is a calculation that uses both your incomes.
Answer Applies to: Georgia
Replied: 8/9/2011
Law Office Of Jody A. Miller | Jody A. Miller
Child support is determined by many financial figures that are entered into a spreadsheet and then a child support number is determined. It's fairly complicated - you need to consult with a lawyer regarding the exact financial figures you would need to provide and then have the lawyer run the spreadsheet.
Answer Applies to: Georgia
Replied: 8/9/2011
John E. Kirchner, Attorney at Law | John Kirchner
Child support is determined from the combined gross income of the parents, subject to certain possible adjustments. (For example, if day care is required for one of you to work, the cost of day care is added into the calculation and will increase the total parental support obligation). The total parental support obligation is divided between the parents in proportion to their respective shares of the total income and is partly determined by the amount of Parenting Time with each parent. The parent with whom the child resides less than a majority of the time usually must pay her share to the parent where the child resides the majority of the time. However, depending on the exact circumstances, it is mathematically possible that the parent with higher income might have to pay something to the other parent, regardless of where the child resides the majority of the time. The Court is required to compute child support using the statutory guidelines and it is rare for a court to approve any lower amount - no matter what the parents agree to. Your use of the terms "joint custody" and "physical legal custody" are meaningless terms in Colorado and until there is a court approved Parenting Plan, those terms are not binding or significant.
Answer Applies to: Colorado
Replied: 8/9/2011
The Coyle Law Office | T. Andrew Coyle
Child support is determined by a percentage of your net income. If you have one child, the support amount would be 20% of your net, if you have more children, the percentage goes up.
Answer Applies to: Illinois
Replied: 8/9/2011
Linda C. Garrett Law | Linda Garrett
Child support is based on many factors-the main ones being: 1) # of minor children of the relationship; 2) total income of mother; 3) total income of father; 4) percentage of visitation time for the non-custodial parent (usually, but not always, the dad); 5) tax-filing status; etc. These are the main factors; however, there are others-so, it's important to speak to an attorney to determine, as best as possible, the figure the court will calculate for child support. Google the word "California Dissomaster" and you should be able to find the calculator that the courts use to calculate child support. Good luck.
Answer Applies to: California
Replied: 8/9/2011
Donaldson Stewart, PC | Monica H. Donaldson Stewart
Child support is calculated pursuant to a statutory formula that considers several factors, including each parent's income, the cost of the child's insurance, the cost of child care (if any) and the parenting time arrangement.
Answer Applies to: Arizona
Replied: 8/9/2011
Glenn E. Tanner | Glenn E. Tanner
In Washington, the standard calculation is based on incomes and the ages of the children. You can deviate from the standard calculation based on various factors.
Answer Applies to: Washington
Replied: 8/9/2011
Diefer Law Group, P.C. | Abel Fernandez
It is determined based on the income and time share. The only way to really calculate support is to use a pre approved support calculator. You can go to California department of child support and use their calculator.
Answer Applies to: California
Replied: 8/9/2011
Wallin & Klarich: A Law Corporation | Paul Wallin
Child support is based primarily on the income of both parties and the % of time each parent has the children. There is a computer program called "dissomaster" which is used by family law lawyers and the court to estimate the approximate child support. You should contact our law firm and make an appointment to come in so we can run a dissomaster with various scenarios.
Answer Applies to: California
Replied: 8/9/2011































