Child Support Guidelines
Learn how child support is calculated, what expenses it covers, how to request modifications, and what happens when a parent fails to pay. Understanding the guidelines helps you plan your finances and protect your children's needs.
What You'll Learn
- Understand the main models for calculating child support
- Know what factors can cause support to deviate from standard guidelines
- Learn the process for modifying child support orders
- Identify enforcement mechanisms for unpaid support
1. How Child Support Is Calculated
States use one of three models for calculating child support. The income shares model (used by most states) considers both parents' incomes and calculates support based on what the child would have received if the family remained intact. The percentage of income model, used by six states, bases support on a percentage of the paying parent's income, and Delaware, Hawaii, and Montana use the Melson formula, a more complex version of income shares. Both models consider factors like the number of children, childcare costs, health insurance premiums, and the custody arrangement.
Key Points
- The income shares model is used by 41 states
- Both parents' incomes are typically considered in the calculation
- Childcare costs and health insurance premiums are factored into the formula
- Parenting time can affect the support amount, with more time potentially reducing the obligation
2. What Child Support Covers
Child support is intended to cover the child's basic needs including housing, food, clothing, education, healthcare, and transportation. It may also cover extracurricular activities, childcare, and other expenses related to the child's well-being. Some expenses like private school tuition, tutoring, or special medical needs may be addressed separately in the divorce agreement or ordered by the court in addition to basic support.
Key Points
- Basic support covers housing, food, clothing, education, and healthcare
- Extraordinary expenses like medical needs or special education may be divided separately
- The receiving parent is not required to account for how support money is spent
- Both parents typically share uninsured medical expenses proportionally
3. Deviations and Special Circumstances
Courts can deviate from standard guidelines when circumstances warrant it. Factors that may justify deviation include very high or very low income, special needs children, significant travel costs for parenting time, existing support obligations from other relationships, and voluntary unemployment or underemployment. Courts may impute income to a parent who is voluntarily earning less than their capacity to reduce support obligations.
Key Points
- Courts can impute income to voluntarily unemployed or underemployed parents
- High-income families may see caps or deviations from standard formulas
- Special needs children may require support above standard guidelines
- Prior support obligations for other children are typically considered
4. Modification and Enforcement
Child support orders can be modified when there is a substantial change in circumstances, such as a significant change in income, a change in custody arrangement, or a change in the child's needs. Either parent can petition for modification. When a parent fails to pay support, enforcement tools include wage garnishment, tax refund interception, license suspension (driver's, professional, and recreational), passport denial, property liens, and even jail time for contempt of court.
Key Points
- Some states set a numeric test for modifying child support: New York allows it after 3 years or a 15% change in either parent's income, and Texas after 3 years if the guideline amount would differ by 20% or $100
- Child support generally continues until the child turns 18, though some states extend to 19 or through college
- Enforcement agencies can garnish wages, intercept tax refunds, and suspend licenses
- Back child support (arrearages) does not go away even after the child turns 18
Key Takeaways
- Child support is not tax-deductible for the paying parent and is not considered taxable income for the receiving parent under current federal tax law.
- Courts can impute income to a parent who is voluntarily unemployed or underemployed to avoid paying support.
- Child support obligations survive bankruptcy and cannot be discharged.
- Most states have online calculators that provide estimated support amounts based on your specific financial inputs.
Common Questions
1. What is the income shares model of child support calculation?
2. What does it mean when a court imputes income?
3. What enforcement tools are available for unpaid child support?
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FAQs
Common questions about this topic
Child support is a right that belongs to the child, not the parent. While parents can agree on an amount, courts must approve the agreement and ensure it meets the child's needs. A judge may reject an agreement that provides insufficient support. You cannot permanently waive child support.
A new spouse's income is generally not included in child support calculations. However, if remarriage significantly changes your financial situation (such as reducing your housing expenses), the court may consider the overall impact. Your obligation to your existing children remains.
No. Child support and visitation are legally separate obligations. If you are being denied visitation, the proper remedy is to file a motion with the court to enforce your parenting time. Withholding support in response to denied visitation can result in contempt charges against you.