Divorce Guide Homepage arrow Children and Divorce arrow Divorce and Child Support
Stay or Go

Proven Strategies that can Win You Custody

How to Win Child Custody - Proven Strategies that can win you custody and save you thousands in legal costs! This guide (that you can download immediately), has undergone years of testing with actual cases producing amazing results.

Divorce and Child Support E-mail

In the midst of a divorce that involves children, the issue of child support will be raised.  How to successfully handle this dispute generally creates even more problems than it resolves.  Many times the issue of child support creates disputes, as well as bitterness.  How you handle it will effect how smoothly the divorce process will really be.  

One very important issue to note is that in the United States, the issues of alimony, child support, as well as the division of marital assets are all separate issues.  This means that if you are ordered to pay alimony and child support that is two separate payments made each month.  It is not one payment, but rather both amounts added together.  Also important to note is that if your spouse is awarded 50% of the marital assets you are still responsible for child support.  A divorce settlement being awarded to your spouse does not release you from child support obligations.

As the divorce process continues you will discover that the primary determinant over the amount you will be paying in child support is based upon your income.  This means that someone who has an income of $100,000 is going to be paying more in child support than someone who only makes $15,000 per year.  This is because the courts have determined that the higher the income, the higher quality of life the child would enjoy if the parents were still together.  In order to treat the child as fairly as possible the amount increases with income.  

Another very important determination of child support orders is the number of children.  This means that if you have only one child, you will be paying less in child support than someone with five children assuming that the income is the same.  This is largely because more children means higher expenses.  While there are some unusual cases of people who have more children paying less in child support than those who have fewer children those cases are typically rare, and based mostly upon the income level of the parent ordered to pay child support.

While each case is considered on a case by case basis, there are some general guidelines that each state has put into place.  These guidelines vary by state with each having their own guidelines on the specific formula for calculating child support.  However, parents do not have to worry about the amount of support awarded being based upon the mood of the judge.  It is only based upon the incomes of the parents, the number of children, as well as the cost of living in the area in relation to the child support formula for the state handling the divorce.  

Another important factor that is used in some states is the income of the parent who has custody.  If this is used in consideration, it is the incomes shares model that is used to compute child support.  This means that both parents are responsible for paying a proportional amount of the support for each child.  If the parent with custody has a much higher paying job then the parent who owes support would pay a lower amount using this model.  While some argue that it is unfair and punishes some parents, other people argue that this method for calculating child support is much better.

Overall, as the divorce progresses you can expect that unless you are awarded full custody that you will be paying some amount of child support.  Even if you have a joint custody arrangement then it is still possible to owe child support.  In a joint custody situation where it is truly, a 50/50 split the parent who makes more will owe the other parent some child support that is determined based upon the state guidelines.  

Because each case is different, you will notice there is often a large difference in the amount of support orders.  No two cases are exactly the same because incomes and the percentage of parenting is always going to be different.  In order to know exactly what you can expect for child support in your area based upon your state’s guidelines it is always wise to do research long before the child support amount is ever discussed so you can adjust your budget as necessary.  

 
< Prev   Next >