Divorce Hot Topics

Child Support

In the course of a divorce the issue of child custody decided by the courts. If the spouses can’t come to a mutual agreement and decide against joint custody, one spouse will take the role of the custodial parent. The custodial parent usually is the one housing the child and making most legal decisions. For this reason, it is generally the non-custodial parent that is ordered to pay for the support of the common child.

If you need legal assistance to secure child support or if you have any questions regarding that matter, contact one of our child support attorneys

How is child support calculated?

The process of child support calculation is based on the obligor’s (the one paying the child support) monthly net income. The latter is obtained by deducting Social Security, sate and federal income taxes, pension contributions, union dues, health insurance coverage (dependent) or pressing medical expenses from the monthly gross income. That amount will be judged against the child support statutes, which contain and indication of a percentage that should be from the obligor’s net income. Then the court will discuss whether that percentage is reasonable within that specific situation. If so, they may part with the statutory guidelines and determine are adequate amount. Factors that may influence a parting from statutory guidelines include:

• Earnings
• Resources
• Debts
• Child specific needs
• Living standards before the dissolution
• Income tax exemption
• Public assistance

How to show income

In order to make an educated decision about the amount of child support that is to be paid, the court often requires documented pieces, such as pay statements, tax returns, etc in order to verify and certify income. All too often, especially in unfriendly divorce cases, one party suspects that the other one is hiding income. While “off the books” income is difficult to prove, this is the time were experienced lawyers can help you.

In general, every payment or income per se, must be declared, including:

• Wages, unemployment, disability benefits
• Employer benefits
• Non-taxable benefits (military allowances, COLA, specialty pay)

However, income from public benefit programs or one-time payments must not necessarily be documented.

Child support decisions, along with questions of custody are just two of the most difficult aspects of a divorce. While the emotional roller coaster can be the most draining experiences for both spouses, they still very much have the child’s well being in mind. The goal is to consider the needs of every party involved in order to find a fair resolution for both parties and the children.

Hot Topics in child support

• Child custody
• Divorce
• Property division
• Spousal support

If you are currently experiencing a divorce, child support might also be one of the many questions on your mind. If you have any questions regarding child support or if you would like to seek legal assistance, contact one of our child support attorneys to assist you with your case.