Generally, child support payments are for the ordinary expenses of food,
shelter, clothing, education and medication needs for the children only.
In determining an award of child support, a court will look at all relevant
facts upon the following issues:
The Needs of the Children.
For example, a sickly or developmentally disabled child will often require
a higher level of support than a healthy child.
The Age of the Children.
Infants and younger children often cost less to support than older children.
The Ability of the Noncustodial Parent to Pay.
The court is limited in awarding child support by the ability of a parent
to pay based on income from all sources, often including a new spouse's
earnings.
The Earning Capacity of the Custodial Parent.
Both parents have the duty to support their children, not just the paying
parent. Thus, the earnings or earning capacity of the custodial parent
which are available to provide support for the children, and perhaps that
of their new spouse, will also be considered when determining child support
levels.The Other Responsibilities of the Parents.
The other lawful responsibilities of both parents will also be looked into
in determining child support. For example, if the noncustodial parent is
paying child support from a previous marriage (a rather common occurrence),
the court will take that obligation into consideration. Necessities of
life, such as rent and food will also be taken into account by the court.
However, the court will not reduce child support payments to make it easier
for the parent to pay discretionary obligations. For example, a parent
cannot provide for a charity or buy an expensive car at the expense of
providing for his or her own children.
To assist the court in determining the proper amount of support, both
parties will be required by the court to prepare a financial declaration
that is signed under penalty of perjury. Each parent
will be required to fully disclose their income (from all sources frequently
including money earned by a new spouse or live-in-lover), the nature and
extent of their property holdings such as bank accounts, investments and
real property and their financial obligations. The court will rely heavily
on these documents in making the order and thus it is in the best interests
of the children that the declarations be filled out completely and honestly.
Child support hearings are often adversarial. That means that when the
parents cannot agree on the support order, (sometimes after compelling
mediation), the court, through a Master's hearing, will hold a hearing
to decide the issue. (This is sometimes done in a chambers conference to
save time.) At the hearing, each spouse (or their lawyer) will have the
opportunity to cross examine the other on issues relevant to the support
issue and each can subpoena documents and call witnesses to support his
or her position as to the amount of child support that should be paid.
Child support orders can also be appealed, although the likelihood of success
is very slim.
Almost all states have Child Support Guidelines making it mandatory
for the courts to use these guidelines in all cases in which child
support is sought. Although use of
the guidelines is mandatory and there is a presumption that the guidelines
amount is the correct amount to be awarded, the presumption is rebuttable.
The reason for the implementation of the Guidelines is that the
states have decided that "the law and policy of this State is that the
child's best interest is of paramount importance and cannot be altered
by the parties. A parent has a legal obligation to provide support for
the child in proportion to their gross earnings.
The mathematical computation to determine the Guideline amount is
varies from state to state. You can determine your obligation by using one of
our on-line child support calculators. We do not have one for every state, but
most major states are listed. |
