Divorce Child Support Payments

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The Federal government has mandated guidelines of child support that are utilized by all the states in the US. The intention of doing so is that there must be predictability and consistency in the support amount ordered by various states. The details of the specific guidelines vary from one state to another.

Factors considered in Divorce Child Support Payments

The following points are taken into account while arriving at the figure of child support payment.

• The combined income of both the parents is calculated. A percentage of this combined income is the child support payment. In some states, net income is considered while in others gross income is considered

• Let us think about a parent who is disbursing spousal support and/or child support related to a previous divorce. Usually, this parent is permitted to subtract this amount from his/her income. In order to be eligible for such a deduction, the following 2 conditions must be fulfilled
  • The support payments must not be voluntary, but should be ordered by the court
  • The parent must be actually disbursing the money

  Any parent is not permitted to take into account deductions for the support of subsequent children or spouses

• In order to look for work or actually work, the parents need to spend some money on childcare. Some states adjust these expenses for the federal dependant care exemption on federal income taxes. In other states, there is a system of dependent care exemption on state income taxes

• The child support order must specify which parent should take care of the health insurance of the child. This cost is added to the basic child support order and credited to the obligor parent. The guidelines of some states mention that there must be additional payment to take care of out-of-pocket health care costs. On certain occasions, if there are extraordinary medical costs, then these are also taken into account

• In case of visitation, there are costs related to travel of the child or parent. These are distributed between the parents in the ratio of their income. At times there are unusual costs. For example, educational requirements of handicapped or gifted children. The NCP (non custodial parent) is given a credit for such costs that belong to the CP (custodial parent)

Modification of Divorce Child Support Payments

Each parent has the right to make a request for modification of child support payments. Further, the court arranges a hearing for modification. During such a hearing, both the father and the mother must present proof that a modification is essential as their conditions have altered. Some of the proofs are as follows.

• Medical records of any disability
• Payroll check stubs
• Termination letters
• Tax returns
• Receipt of government assistance like unemployment benefits

Some of the changes in circumstances due to which the court might modify the support payment are as follows.

• The NCP becomes disabled
• The NCP loses his/her job
• The NCP gets an increment

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