How is Child Support Calculated and Modified?

When determining custody and parenting time, the court will also make a calculation of child support.  Any final judgment of divorce with minor children must be accompanied by a Uniform Child Support Order.  The calculation of support will be determined based on a number of factors, including: each parent’s income, the number of overnights each child spends with the parent, medical insurance premiums paid by a parent, any additional children each party may have, and child care costs.

In determining a parent’s income, the court will consider, among other things, wages, business income, retirement income, social security income, unemployment income, disability income, trust fund income, military benefit pay (including housing), interest and dividends income, and capital gains income.  Noncash benefits, such as goods, services, or other any other benefit that is significant and helps regularly reduce the parent’s monthly expenses.  If a parent is voluntarily underemployed or unemployed, their income will be imputed to a level that the party is capable of earning given their skill level, education, past employment, availability of work in the area, and prevailing wage rates in the area.  Unless a party can show a disability or other medical reason for not working, their income will be imputed, at a minimum, to reflect minimum wage at 40 hours per week.

In calculating the number of overnights, the court may use the number of overnights actually being exercised by a parent instead of the number of overnights stated in the custody order.  For example, if a party is ordered 100 overnights a year with the minor child(ren), but only exercises 75 overnights, the court may use the 75 overnights for child support purposes.

Once a child support order has been entered, the court will only review it once every 36 months.  If either parent receives public assistance, this review will be done automatically otherwise, a parent must request a review.  Either party may request a review at any time by filing a motion, but they must show that there has been some change in circumstances since the entry of the last child support order.  These circumstances might include a substantial change in a party’s income or a change in custody.  Therefore, it is important to make sure that child support is calculated correctly because making changes once an order has been entered can be difficult.  If you are considering a divorce or a child support modification, call the Law Office of Mattias Johnson.