Child Support-How Do Courts Calculate Child Support?
Child support is governed by the Child Support Enforcement Act which sets out how each state should enforce child support calculations and decide how much each parent should pay after the granting of custody to one of both parents.
Despite the legislation there are wide discrepancies between the level of child support payments which courts in each state will order. Some states are happy that the general guidelines in relation to child support are followed and other states insist on setting out strict guidelines for child support payments which must be followed.
Generally though the states will apply the same type of criteria in calculating child support payments to be made and these will be determined by
- The child’s standard of living before the split between parents
- The ability to pay of the parent
- The ability of the parent with custody of the child to maintain him/herself and the child
- The needs o f the child in relation to health insurance, food, education and the general day to day needs of the child.
Generally the courts will arrive at a decision as to child support only after getting a sworn statement of means from both parents which will detail the income, expenses and other financial commitments of the parent. Notwithstanding the attempt by the courts to maintain the same standard of living for the child after a split, most judges recognise the increased cost for both parents of maintaining two separate homes and by and large the courts when coming to a decision as to child support will take this into account.
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Filed under Child Support Calculator by Terry
