Child Support Amounts

Some states give their judges more leeway in setting the actual amount as long as they follow general state child support guidelines. Other states have strict guidelines that leave the judges with little discretion.

The judge considers the needs of the child. These needs include:

• Health care and health insurance
• Education
• Daycare and childcare costs
• Special needs like medication or specialized medical care and equipment

The court also weighs the needs of the custodial parent. But, the paying parent's ability to provide can also come into play.

Child Support Calculations for a Court Order

All states have uniform guidelines for calculating child support. The calculations vary from state to state, but commonalities are everywhere. Many begin with the parent's income and don't go beyond that.

Some states use complex formulas to arrive at the guideline amount. A parent can use a child support worksheet or calculator to estimate the child support payment. But, the judge uses the formula when calculating child support as part of a family court case, like a divorce proceeding. In general, states consider the following:

• The number of children who need support
• The children's financial needs (daycare, health insurance, special needs)
• The income of the parents as well as the needs and financial resources of the parent with physical custody of the child
• The amount of time the children spend with their parents, including overnight stays
• The ability of the paying parent to pay
• The standard of living before the parents separated

Income and Support Orders

When establishing a child support order, a judge generally must follow specific state guidelines. Those guidelines are "income-driven." Parents give their financial information, including monthly income, to the court. It's important for parents to understand what funds are considered "income" under the child support guidelines.

The court looks at your gross income. This is your salary or self-employment income and any benefits you receive, including disability, unemployment, or Social Security. It also includes any spousal support or alimony from a prior relationship.

The court then takes your gross income minus any deductions, like:

• Income taxes
• Social Security
• Health insurance premium costs
• Union dues

What is left after deductions is your net income.

Child Support and Trust Income

Sometimes, people will make estate planning decisions that result in fictional income. This income is reported to the Internal Revenue Service (IRS) as income but is not received.

For example, a mother's parents gifted her certain property in trust, which generated income. Then the income was put back into the trust. Because she could not reach the trust, the court considers "income" as phantom income that can't be considered for child support.

Child Support Terminology: Self-Support Reserve and Pro Rata Share

The self-support reserve (SSR) is the minimum income a parent needs to cover their own basic needs. It varies by state and is adjusted periodically, usually every one to two years. Here are a few examples of state laws governing SSR:

• In the District of Columbia, the SSR is 133% of the federal poverty guideline.
• In Minnesota, the SSR is 120% of the federal poverty guideline.
• In New York State, the SSR is 135% of the federal poverty guideline.
• In Oregon, the SSR is just under 117% of the federal poverty guideline.

For 2024, the federal poverty guideline is $15,060 for a single individual.

Family courts subtract the SSR from the parent's income to help determine how much child support they'll pay. Sometimes, a non-custodial parent’s income may be below the SSR. The rules vary by state, but most states will order the non-custodial parent to pay the minimum child support amount in this scenario.

"Pro rata share" means splitting something fairly based on how much each person contributes. For example, suppose your monthly income is $1,500 and your co-parent’s income is $4,500, for a combined parental income of $6,000. Since you contribute 25% of the total parental income, your pro rata share of the basic child support guideline amount is also 25%.

But this doesn’t account for deductions or adjustments. In particular, parenting time in the custody arrangement and which parent pays the child’s health insurance premiums will affect how much child support is ordered.

Child Support and College Expenses

College expenses are a form of child support. This means that they are subject to enforcement, modification, and termination. Most college students are not self-supporting. Your basic child support obligation to pay for educational expenses officially ends when your child is emancipated or earns a degree.

The court will probably reduce the amount of support you have to pay if your college student is living at school. In this case, the primary parent isn't necessarily incurring the cost of room and board, which is usually included in college costs.

Talk to a Child Support Attorney About Child Support

Parents want to ensure their child gets the correct amount of child support to cover their needs. Legal advice is available if you're concerned about reaching an agreement with your co-parent or modifying a child support order.

Whether you’re receiving child support or a non-custodial parent paying support, a family law attorney can help. They can also help determine eligibility requirements and explain your rights and obligations under your state’s child support laws. Contact a child support attorney in your area today for help with your child support case.