How Judges Determine Child Support

Factors Considered

• Income of parents: The judge considers both parents’ incomes and earning capacities when determining child support. Gross income includes wages, salaries, bonuses, commissions, and self-employment income.
• Number of children: The number of children being supported affects the amount of child support awarded.
• Standard of living: The judge may consider the parents’ standard of living and the child’s needs when determining child support.
• Health insurance and childcare expenses: The judge may order one parent to pay for the child’s health insurance and childcare expenses in addition to the base child support amount.
• Extracurricular activities: The judge may order one parent to pay for the child’s extracurricular activities, such as sports or music lessons, in addition to the base child support amount.

Guidelines vs. Case Law

Most states have guidelines that judges use to determine child support. These guidelines are based on the factors listed above and provide a range of possible child support amounts. However, judges are not always required to follow the guidelines and may deviate from them if they believe that doing so is in the best interests of the child.

Case Law

In some cases, judges may rely on case law when determining child support. Case law refers to the decisions made by previous judges in similar cases. Judges may use case law to justify deviating from the guidelines or to determine the amount of child support that is appropriate in a particular case.

Modification of Child Support

Child support orders are not permanent and can be modified if there has been a significant change in circumstances. For example, if one parent’s income increases or decreases substantially, or if the child’s needs change, the judge may modify the child support order to reflect the new circumstances.

Enforcement of Child Support

If one parent fails to pay child support, the other parent can take legal action to enforce the child support order. The judge may order the non-paying parent to make up the missed payments, and may also impose additional penalties, such as garnishing the parent’s wages or suspending their driver’s license.

Additional Tips for Determining Child Support

• Get help from a lawyer: A lawyer can help you to determine the appropriate amount of child support and can represent you in court if necessary.
• Be prepared to provide financial documentation: When you go to court, you will need to provide financial documentation, such as pay stubs and bank statements, to support your request for child support.
• Be prepared to negotiate: The judge may not always order the amount of child support that you request. Be prepared to negotiate with the other parent to reach an agreement that is fair to both parties.

Conclusion

Determining child support can be a complex process. By understanding the factors that judges consider and the process for modifying and enforcing child support orders, you can be better prepared to ensure that your child receives the financial support that they need.