Child Support Lawyer Westchester
According to the Federal Child Support Enforcement Act, every state has their own guidelines when calculating the amount of child support paid which is based on both parents’ respective incomes and expenses. This helps establish consistency and predictability in the amount of child support given. When a court determines child support, it often takes into consideration the family’s pre-divorce standard of living and makes every effort to maintain the same standard for the children. The following are some factors that can help determine how much child support is awarded.
The income of both parents is taken into consideration. A percentage of the couple’s combined income determines the amount they are supposed to pay in child support.
The court will allow a parent to deduct the amount of child support from their income if they have already been paying child support from a previous situation. Two requirements must be fulfilled for this deduction:
– The support payments must be court-ordered (not voluntary).
– The parent must be making the payments.
The amount that the parents spend on childcare is taken into consideration. In some states, this expense accounts for the federal dependent care exemption on federal income taxes.
The child support order will decide who will pay for the children’s health insurance. The amount spent on health insurance is added to the basic child support and later credited to the parent who pays it. Many states require a certain amount of additional support that covers out of pocket health care expenses.
The basic support order may be increased if the child is a disabled or is a special needs child. Travelling costs for visitation for the parent or child is divided between the parents in proportion to their incomes.
Shared custody and visitation
When there is shared custody or regular visitation, the amount of child support given is usually less than when there is sole custody and little visitation.