A divorce is hardly ever a clean affair, but the situation can get even stickier when a child is involved. The number one question that surrounds a child in a divorce case is how is child support calculated. Although each state has it’s own laws and guidelines for how to determine child support, the main considerations they look at are the same.
The four main considerations the state looks at when calculating child support are the needs of the child, the ability of the non-custodial parent to support him or herself, the state of living the child would have enjoyed if his parents had not gotten a divorce, and provisions of any additional children the non-custodial parent might have.
In regards to income-based calculations, the states decide whether the calculation is based solely off the non-custodial parent’s income or if they will take both parent’s incomes into consideration. For example, Indiana’s child support guidelines state that the income of both parents is taken into consideration and each parent is assigned a share of the child’s living expenses as outlined by the guidelines. On the other hand, in Massachusetts guidelines only take into consideration the non-custodial parent’s income. The Florida guidelines for calculating child support take into consideration both parents’ incomes.
If you are the spouse paying child support and you have legitimate reasons why you are unable to pay, or if you are the custodial spouse and feel as if the amount should be increased, then there are some situations in which modifying the child support is an option. These reasons included a reduction in the income of either parent, a serious illness or disability of either parent, a change in the child’s circumstances, such as reaching adulthood or inheriting money, or a change in the financial circumstances of either parent.
This post was written by David Hurvitz. Follow David on Google+.