Child support is calculated by the court based on a multi-page statute that is tremendously complex. There are many “calculators” out there to use but there is no guarantee that they calculate child support correctly. The attorneys at The Law Office of Greg Quimby PC have the official calculators used by the court. Our initial consultations are free.
Some of the factors that are used by the court are: the income of the parents; any spousal maintenance being paid between the parents; health insurance paid on behalf of the children; the cost of daycare for the children; if either parent has other children that are not of this relationship; AND the number of overnights each parent has with the child or children.
For someone who is a typical paycheck employee, it’s pretty easy to ascertain their gross monthly income (before taxes). The challenge comes for self-employed people or a variety employed people like waiters, hairstylists, or others that may not have a clear record of all money that they receive.
There are also times, but few in number, where the courts will deviate from the amount of child support suggested by the child support guidelines. The court is required to make a record and offer good reasons for that deviation.
The court will take into account each party’s full-time employment. If the party is not employed full-time, they will inquire into the circumstances. Some legitimate reasons for not being employed full-time are: being a full-time student; being disabled; being a stay-at-home parent for a number of years and just entering the workforce; etc. But it would be up to that party to convince the court that the case is legitimate.
If someone works more than 40 hours a week, the court will use the additional income in the child support calculation if the hours over 40 are mandatory. If you are doing voluntarily overtime, just make a few extra dollars than the court may not count those dollars in your gross income.
As you can see, the subject of child support can be a difficult one to handle on your own. If it costs $2000 to have an attorney assist with child support and if it saves you $200 a month, then it pays for itself in 10 months. Having a good well versed child support attorney can provide a significant cost saving benefits.
The information you obtain at this site is not legal advice nor is it intended to be legal advice. As every situation is unique, you should consult a child support lawyer at the Law Office of Greg Quimby, P.C. for advice regarding your individual situation.