Divorce is always difficult, especially when there’s a child involved. When you and your spouse are going through a divorce, it’s important to consult an attorney regarding the process, particularly child support.

Child support is the money a parent pays to help support a child who does not primarily live with them. The child may live with the other parent or a guardian, but regardless of who the child lives with, they are entitled to financial support from both parents. Child support is a combination of these three parts:

Basic Support

Basic support is the child support that helps raise the child or children and divides the cost, based on income, between the parenting parties. The noncustodial parent receives a parenting expense adjustment to account for money spent on the child during their parenting time. The amount spent at the end of the calculation is considered “basic support”. The custodial parent is called the “obligee” and the other parent is called the “obligor”. If parents share custody equally, the basic support obligor is the parent with the higher income.

Child Care Support

The custodial parent pays the child care provider. The noncustodial parent is ordered to pay the custodial parent for a portion of the costs. However, if the county helps with child care costs, the child care amount is paid to the state instead of the other parent.

Medical Support

Medical support includes paying toward the cost of health insurance and splitting costs that aren’t covered by insurance.

Note: It’s possible for a parent to be both an obligee and an obligor in the same case, especially if the obligee receives basic and child care support, but not health insurance coverage.

Getting Child Support

A Judge or Magistrate can order child support in a divorce, paternity action, domestic abuse case, or child custody action. There can also be an action for just child support. Also, you don’t have to be the child’s parent to get child support. If the child lives with you and depends on you for support, you may be able to receive child support from either or both parents. To begin the legal action of requesting a child support order, it’s advised to seek the professional help of an attorney. 

How Child Support Can Be Calculated

Basic support is calculated based on the parent’s gross income. This income is before any pre-tax deductions such as a pension plan, and income may include potential income if the parent could be working full-time. If a parent receives alimony or benefits because of a disability or retirement (excluding SSI), this is also included income for child support. If a parent pays spousal maintenance or child support in a different case, the support is deducted from the income.

Each parent’s share of combine income is calculated, and the parents’ combined incomes are applied to the guidelines chart. Together, with the number of joint children, a number is then taken from the guidelines chart. The chart ultimately estimates the total cost of raising the child or children at a variety of different combined levels of income. The number from the chart is then divided by each parent’s percentage of combined income.

It’s important to remember that each state may have different guidelines and rules regarding child support and how it’s calculated or divided. Before undergoing the process of determining child support, consider consulting an attorney for legal guidance.

At Rieger, LLP, we will make sure your best interests are protected. We understand dealing with difficult family matters can be stressful and overwhelming, and we are here to help you through the process. The Rieger, LLP team are devoted to providing strong and compassionate family law legal guidance every step of the way. Call or contact us online to speak with a Garden City divorce lawyer near you.

 

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