Calculating Child Support

Child support payments help provide financial support for a child after separation. Child support calculations vary according to state law guidelines. The most important factor is the parent’s income, but the court takes into account several individual factors. In some cases, the court goes outside state child support guidelines in the best interests of the child.

Child support calculators can give you an idea of how much to expect for monthly child support. For more accurate information about calculating child support in your situation, talk to a local child support lawyer for legal advice.

Understanding Child Support Calculations

Parents have a responsibility to provide financial support for their minor children. Support obligations continue if the parents do not live together or separate. Generally, the noncustodial parent makes monthly payments to the custodial parent. Child support pays for the child’s basic needs, including clothing, housing, and food. Child support provides for the costs of raising the child, including educational support, health care, and childcare costs.

State Formulas for Child Support Guidelines

Child support laws vary from state to state, but there are three basic child support models followed by most of the United States:

• Income Shares Model
• Percentage of Income Model
• Melson Formula

Income Shares Child Support Formula

Most states (forty-one states) follow the Income Shares Model. Income shares is based on the combined income of both parents if they were living together. This model is based on the concept that before separation, the combined parental income went to the benefit of all household members, including any children.

Using the Income Shares Model, the amount of child support is calculated according to the total amount needed for the support of the children. The support amount is prorated between each parent based on their proportionate share of the total income. The paying parent’s obligation is payable as child support. The other parent’s portion goes directly to spending on the child.

For example, the court determines a child needs $1,000 a month and the parents make a combined $100,000 annually. The noncustodial parent makes $60,000 and the custodial parent makes $40,000. The court may require the noncustodial parent to pay $600 a month in child support. The court presumes the custodial parent pays the other $400 a month.

Percentage Child Support Formula

The flat percentage formula calculates support based on income and the number of supported children. The model takes a percentage of the noncustodial parent’s income for support based on the number of children they are supporting.

For example, a noncustodial parent with one child makes $4,000 per month. Their state calculates the percentage formula as 15% of income. The noncustodial parent pays $600 per month based on the Percentage of Income Model.

Variations include a flat percentage model or variable percentage model, according to the following:

Flat Percentage Model

• Alaska
• Mississippi
• Wisconsin

Variable Percentage Model

• Texas

Melson Formula

Only two states use the Melson formula for calculating the amount of child support: Delaware and Hawaii. The Melson formula is like a version of the Income Shares Model, with additional factors. With this model, the child support amount depends on a variety of Melson Factors, including the needs of the parents. Melson factors include:

• Basic needs of the parents
• Excess income
• Child benefit amount

Factors Considered in Child Support Amounts

A child support award depends on several factors besides the cost of the child’s basic necessities. It may include provisions for child care, medical expenses, and other child-related costs. Court-ordered child support can also reflect the supporting parent’s higher standard of living.

Child support payments are based primarily on each parent’s current income. Factors the court considers in determining child support include:

• Wages/self-employment
• Assets such as stocks and bonds
• Welfare and Social Security benefits
• The custodial parent’s living expenses
• The child’s standard of living before divorce
• The specific needs of the child
• Healthcare (medical expenses and health insurance premiums)
• Educational needs
• Childcare expenses
• Other children and spousal support
• Parenting time
• The non­custodial parent’s ability to pay

Using Child Support Calculators

Most states have a child support calculator on their family court websites to estimate child support payments. These guideline calculators can give you a general guideline for what you can expect. However, the court will look at each individual case to determine child support. If there are unique circumstances, the court may go outside the standard guidelines. When determining the amount of child support, the court will make decisions based on the child’s best interests.

Support Past the Age of 18

Child support orders generally expire when the child becomes a legal adult. The age of majority depends on state law. This usually happens at 18 years of age or graduation from high school, whichever comes later. Child support obligations also end when the child gets married, becomes emancipated, or joins the military.

Some states will continue to require child support while the child attends college. The judge can also extend child support for disabled adult children who are unable to care for themselves. Check with a family law attorney in your state to find out about any continuing support obligations after a child turns 18.

If a Parent Cannot Pay Child Support

The inability to pay will not excuse you from child support obligations. If you lose your job, child support services can withhold unemployment benefits. Missed payments will accrue as arrears even if a parent is in jail, in the hospital, or unable to work. The parent is still required to pay back child support and any interest and penalties.

How Child Custody Affects Child Support

Every state treats child visitation and custody separately from the obligation to pay child support. You can’t refuse to pay your child support payments just because the court doesn’t grant you visitation or custody of the child. However, visitation and custody orders do impact the child support award. The impact varies by state.

Changing a Child Support Order

The parent’s current income levels determine the amount of child support. One parent may not reduce or stop their child support payments because of a loss of income or additional expenses. If you feel that your current child support payment is too high, you can ask the court to modify the child support order.

The court can modify child support payments over time for reasons such as an increase in either parent’s earnings. However, until the court enters a modification order, the original child support amount is still in effect. Likewise, a parent may ask the court to increase a parent’s child support payment because of added income or decreased expenses.

Childcare Expenses in Child Support Awards

As a noncustodial parent, you might need to pay part of your child’s daycare expenses if the other parent uses daycare to go to work. This expense is usually set according to the state guidelines and is paid to the parent who actually pays for childcare or directly to the childcare provider.

How a Child Support Attorney Can Help

Calculating child support depends on state law and your individual situation. For a better idea of child support calculations for your child, talk to an experienced child support attorney. An attorney can explain how much you can expect in child support and how you can increase support to provide for your child. Contact a local child support attorney for legal advice about calculating child support.