How Much Will I Pay in Child Support?

Courts look at different factors when determining a child support award, including state guidelines. The state guidelines can give you an estimate of a potential award, but that estimate is not binding. The court will tailor an award based on multiple factors. 

Your percentage can depend on which parent makes more money and the level of child custody you have. It also depends on the amount of time you spend with your child, including overnights and other parenting time. This percentage is what you will have to pay. States have individual laws on what is deductible and how high the percentage is.

This article explains basic child support laws to help you understand how much child support you may pay. It also covers various child support payment issues.

Why Child Support Exists

Every child has a legal right to be financially supported by both parents. This is true whether the parents were ever married or if one parent doesn't take an active role in raising the child. In the eyes of the law, children should not be deprived just because they don't live in the other parent's household.

The parent with primary physical custody of a child receives child support. The non-custodial parent pays the support. This is the situation in most cases.

But what is the basic child support obligation? Legal guidelines in each state help establish the amount of child support one parent must pay to the other.

What Non-Custodial Parents Should Know About Child Support Agreements

A child support agreement is a document that helps ensure the non-custodial parent makes child support payments to the custodial parent. The deal is made by mutual agreement or via court order.

Parents may and sometimes do agree about the child support payment. They may decide as part of a divorce agreement. Or they can agree on the support issue alone. When parents agree, they can get the family court's final approval. Without a child support order, the paying parent has no legal obligation to pay child support.

All parents are responsible for the financial support of their children. But they will only suffer legal consequences for non-payment if their obligation was legally established by administrative or court order.

The agreement outlines the terms. It will usually include the following:

• The parent who is responsible for paying the support (the obligor)
• The amount of child support
• The duration of the payments, which generally ends when the child has emancipated (usually 18 or graduated from high school). If the child remains a full-time high school student, then payments may end at age 19.
• How the parties will share certain of the child's expenses. For example, medical support for out-of-pocket medical expenses; health insurance coverage; dental and vision coverage). It may also cover expenses for daycare or college, depending on the case.

How Much Is Child Support: State Child Support Guidelines

Specific child support guidelines vary by state, but are all generally based on the parents' incomes, living expenses, and the needs of the children. Every state uses a child support guideline model.

The “income shares" model is the most common. Often, the guidelines calculate the amount of child support as a percentage of a parent's income that increases with the number of children being supported. In some limited situations, the monthly child support obligation can vary from the guidelines, if there are good reasons. This is called a deviation.

Before a family law judge issues a court order for child support, they will often review a financial statement completed by each parent. The statement lists all sources and amounts of income and all expenses to assist the court in determining a final figure for the child support order.

This worksheet can help parents gather important information regarding their financial situations. First, you figure out your gross income. Then you determine your net income by subtracting items from the gross.

Online child support calculators offer an estimate of what parents may pay in child support, but you are cautioned not to rely on these calculators. The guidelines calculator has a disclaimer that spells this out. Remember that the calculator may not include some important factors. For instance, the costs of medical expenses like health care and health insurance may not be included.

Likewise, daycare or childcare costs may not be present. But, a judge can consider those factors. Judges make the final determination of support and may interpret facts differently than parents, even if they use the same formula as the online calculator.

Remarriage and Child Support Payments

Some question whether the court can consider income from a new spouse for child support purposes. To the extent that the income reduces the expenses of the custodial or non-custodial parent, it may impact the circumstances of the current order.

States address this question differently. This is not the same as alimony or spousal support, which most states categorize as income.

Calculating Child Support: Determining Parents' Income

Regardless of the state, a final child support award based on the guidelines is "income driven." That means how much child support you will pay is determined primarily by the monthly income of both parties. As such, it's crucial that parents understand what funds can and cannot be considered "income" under the child support guideline.

Generally, when determining parents' income for the purpose of child support, courts look not only at salary and wages but also other sources of money. Your gross income can include the following:

• Government benefits (Social Security, workers’ compensation, unemployment)
• Pensions
• Gifts and prizes
• Annuities
• Disbursements from trusts or estates
• Spousal support or alimony

Child Support and the Internal Revenue Service

According to the IRS, child support payments are not taxable income. You also cannot deduct child support as an expense if you are a non-custodial payer. It will not affect the adjusted gross income.

When a custodial parent calculates their gross income while filing a tax return, they should not include child support payments.

IRS Form 8332 and the Child Tax Credit

If a child has parents who aren't married, only the parent using the dependency tax exemption can claim the Child Tax Credit. The parent with primary custody (usually the parent who receives child support) may use Form 8332 to release the exemption to the other parent. In that case, the paying parent would qualify for the dependency exemption and the Child Tax Credit.

For an explanation of who qualifies for the Child Tax Credit and how to calculate it, refer to the Instructions for Form 1040 or the Instructions for Form 1040A index for Child Tax Credit.

Bankruptcy and Child Support Arrearages

If you file a Chapter 7 bankruptcy, it will eliminate most of your debts. But, child support is an exception. Filing for bankruptcy does not discharge unpaid child support payments. This means the paying parent's obligations on back child support remain in place.

College Expenses and Other Child Support Considerations

State guidelines and income determinations are critical to setting child support amounts. But they are not the only considerations that factor into the decision. Depending on the state and the unique circumstances of the case, a judge may evaluate other factors and order an amount of child support differing from the guidelines if doing so would be fair to the parents and in the best interests of the child.

Some additional issues that may affect the amount of support include:

• Joint custody or split custody situations
• Special needs of the child
• Other court-ordered payments
• College expenses
• Standard of living (cost of living)

Receiving Disability Payments and Child Support

If you receive disability money based on your past employment, it is considered income for purposes of child support. For example, let's say you worked for a government agency for 20 years before becoming disabled, and the agency now pays you for disability. The disability income is meant to replace your wage income.

If the disability money you receive is a means-tested public assistance (based on income), it is not income for child support. One example is Supplement Security Income (SSI) received from the Social Security Administration. SSI is a means-based benefit to recipients with limited income and resources.

In contrast, Social Security Disability Income (SSDI) is income for child support purposes because it is not means-based. Instead, the benefits depend on the person's employment before becoming disabled. When a parent obtains SSDI, they may qualify for a dependent benefit for their child. In such instances, the state child support formula will use an offset of the child benefit received in calculating any child support going forward.

A New Job and Child Support Modification

You must pay the support amount in your original order if you're a non-custodial parent with a job change. The amount of support does not change automatically. You can petition the court to change a child support order to reflect the difference in your income. This is called a modification.

If you can't afford to pay the current amount, you can ask the court to lower the payments. You must show the changes in your circumstances are significant enough to decrease the current order.

Either parent can request a modification. A custodial parent may request an increase in support if the non-custodial parent starts a new, higher-paying job. The court will review the request and supporting documentation before deciding if an increase to the support amount is warranted.

Child Support Enforcement and Failure to Pay

Under certain circumstances, failing to pay court-ordered child support is a federal law crime. Parents with overdue support (arrears) can face fines and jail time. But child support enforcement most often occurs under state law.

If you have trouble getting child support payments, you can seek help from the local child support agency. Each state has a child support program that manages child support enforcement. The agency has a lot of resources to help parents get paid. They can help you locate noncustodial parents with past-due support. They will also file the enforcement actions against them.

The more information you can provide, the better. You can submit the parent's personal information and any documentation you have. You don't need to have their birth certificate or driver's license, but you can provide their date of birth, social security number, former address, and phone number.

Here are standard enforcement methods the state uses to collect arrears from child support obligors:

• Wage garnishment or income withholding
• Denial of U.S. passport
• Interception of income tax refunds
• Freezing of bank accounts
• Liens on property
• Suspension of driver's license, professional license, occupational license
• Civil contempt of court action
• Prosecution for criminal non-support offense

Failing to pay for unpaid or unreimbursed medical expenses may result in the same enforcement options as regular unpaid child support.

How Much Is Child Support for You? Find Out With an Attorney's Help

Calculating child support payments is complicated. Parents, whether or not they have physical custody of their minor children, want to ensure their kids are taken care of. But you don’t want to compromise your own financial stability with payment amounts that are outside your means.

It may help to get sound legal advice. Let a child support attorney licensed in your state help you determine what's best for your children while keeping in mind your own financial needs.

You can search the FindLaw Directory to find an attorney or law firm to help you resolve your child support case.