How Child Support Is Calculated

If divorce looms or you’re headed for a custody case, one question is probably flashing in your mind: How is child support actually calculated? Whether you expect to pay it or receive it, this is an important matter. And the honest answer is … it depends on where you live.

Every state runs its own formula to figure out a fair amount. This is why a child support calculator can produce very different numbers from state to state for the same family. It is also why so many parents walk into court with the added stress of not knowing what to expect.

Here is how courts determine the number, the factors affecting child support amounts, and when a judge can throw out the standard formula.

Understanding the Foundation of Child Support Guidelines

Child support guidelines are state-mandated formulas that determine each parent’s financial obligation based on income and parenting time.

While each state creates its own child support formula, all 50 are required by federal law to maintain such guidelines. The Office of Child Support Services at the U.S. Department of Health and Human Services oversees the system, though the formulas vary.

There are three models:

• The Income Shares model assumes a child should benefit from the same share of household income they would have received if the parents had stayed together. Both incomes are pooled and split proportionally. This approach is used by 41 states, including Florida, Illinois, Missouri, Ohio, Oklahoma, Guam, and the Virgin Islands.
• The Percentage of Income model looks only at the non-custodial parent’s income. Support is set as a percentage of that figure at either a flat rate or one that varies with earnings. Six states use this model, including Nevada, Texas, and Wisconsin.
• The Melson Formula is a more complicated version of the income shares approach and is used only in Delaware, Montana, and Hawaii.

The model that applies to your case will be whichever one your state legislature has chosen.

Determining Gross and Net Income for Both Parents

Every state child support calculator starts with gross income, which courts can define quite broadly. Any money coming in probably counts as gross income, including:

• Wages
• Bonuses
• Commissions
• Self-employment earnings
• Rental income
• Other benefits

Some states base the rest of their formula on the total gross amount. Some states subtract taxes, mandatory retirement contributions, and existing support orders to arrive at a net income before applying the formula.

No matter what state you’re in, you are not allowed to earn less money on purpose. If a court finds that a parent is voluntarily unemployed or underemployed, it will ignore that and assign an income amount based on the parent’s skills, education, and earning history. That assigned income will then form the basis of the child support formula.

In other words, the job you quit can follow you right into the courtroom.

How Physical Custody and Parenting Time Affect Payments

Income forms one side of how child support is calculated. Parenting time is the other half.

The more overnights a child spends with one parent, the more the obligation shifts. Non-custodial parents (the one the child doesn’t “live with”) tend to have higher financial obligations. It’s because the custodial parent already bears day-to-day costs like groceries, school supplies, and the shoes that never fit long enough as children grow.

Many states take shared parenting time into consideration and reduce the non-custodial parent’s payment amounts. In fact, parenting schedules are one of the biggest factors affecting child support. Two families with identical incomes can end up with very different support orders, simply because one contributes much more parenting time.

Expenses and Deviations That Adjust the Standard Formula

Once income and parenting time are accounted for, the calculator spits out a guideline number. However, that’s more of a starting point than a final order.

Courts typically add certain expenses on top of base support, accounting for:

• the child’s health insurance premiums
• work-related childcare
• special needs
• extraordinary medical or long-term healthcare expenses

In some cases, the judge can deviate from the formula entirely. One parent’s unusually high income, a child’s special needs, or a standard of living adjustment can all push the final order above or below the guideline figure.

Even final orders are not carved in granite. A parent can modify child support payments by showing a significant change in circumstances, such as a job loss, a new custody schedule, or a big shift in expenses. As life changes, the order too can change.

Davis & Associates Helps You Get Answers

Every state weighs the same core factors to determine child support: income, parenting time, and the actual needs of the child. The other details, such as the model used, gross/net, and available deviations, vary from case to case and state to state.

Unfortunately, the stress of trying to navigate it all when you don’t know what to expect stays the same. Child support formulas and negotiations can seem obscure, especially when the stakes are high. Fortunately, the experienced divorce attorneys at Davis & Associates can provide guidance on calculating child support that can help with your filing.

Our legal teams have an extensive understanding of various state guidelines and can walk you through the calculation process. We’ll explain what to expect, help you document income and expenses correctly, and flag any deviations that might work in your favor.

If you are curious what your obligation might look like, reach out to Davis & Associates to speak with a family law attorney. It’s a conversation worth having before the court does the math for you.