Child support is designed to meet the reasonable needs or expenses for minor children. Both parents should financially support children, whether they are unmarried, separated or divorced. The guidelines have a formula that should be followed, but a variety of other factors need to be considered.
Child support is designed so a child has stable housing, education, healthcare, and the ability to participate in extracurricular activities. With the variety of circumstances in each family, calculations can get very confusing if a child support attorney is not protecting a parent’s rights.
Forms of Income
The court will consider all forms of income of a parent. Income includes lottery or gambling winnings, a personal injury settlement, workers’ compensation awards, tips, employment, and money that is not reported as income for filing taxes. Money that is earned under the table is also considered in income calculations.
Earning Capacity
If a parent’s income is significantly lower than their earning capacity, the court could calculate child support based on the parent’s earning capacity. This rule is designed for parents who resent paying child support and attempt to take a job for less money to penalize the other parent. With the help of a child support attorney, a parent will be prevented from manipulating their income to avoid paying their fair share of child support.
Determining the Calculation
Once the parent’s incomes are determined, a calculation will take into consideration the adjusted net income of both parents. The number of children, daycare expenses, contributions to health care, extracurricular activities, and the parent’s custody time will be calculated into the amount of child support. If the parents have a net income that is more than $30,000 per month, an entirely different method will be used for calculating child support.
The complexity of determining a child support award requires the help of an experienced family law attorney. Whether you are the parent who is paying or receiving the support, and accurate award ensures a child receives the support they need. The Law Office of Melissa R. Montgomery has years of experience representing parents in child support cases and will be happy to discuss the facts of your case.
