Guideline Child Support
When parents no longer live together, the Court will order one parent to pay child support to the other parent. The amount to be paid is based upon a mathematical formula, and the information which is used to calculate child support includes: the gross incomes of both parties; the amount each party pays for health insurance for him/herself; the amount each party pays for health insurance for the child; the daycare expense; whether one of the parents has been ordered to pay child support for another child, and actually pays it; and the timesharing plan (i.e. the number of overnights) enjoyed by the parents with the child.
Once guideline child support is determined, the Courts most often impose that amount. A Court may deviate up or down by 5%, but if more than a 5% deviation is ordered, the Court must provide written reasons why the guidelines are not being used. Additionally, if the parties agree to or are awarded 50/50 timesharing, then either parent may be required to pay child support to the other, depending upon the relative income of the parents. Further, even if one parent is the majority timesharing parent, if the other parent has substantial time with the child (for instance a 60/40 split) and if the majority timesharing parent makes a substantially larger income than the minority timesharing parent, then the majority timesharing parent may actually have to pay some amount of child support to the other parent.
Once guideline child support is determined, the Courts most often impose that amount. A Court may deviate up or down by 5%, but if more than a 5% deviation is ordered, the Court must provide written reasons why the guidelines are not being used. Additionally, if the parties agree to or are awarded 50/50 timesharing, then either parent may be required to pay child support to the other, depending upon the relative income of the parents. Further, even if one parent is the majority timesharing parent, if the other parent has substantial time with the child (for instance a 60/40 split) and if the majority timesharing parent makes a substantially larger income than the minority timesharing parent, then the majority timesharing parent may actually have to pay some amount of child support to the other parent.
Child Support for Extremely High Income Earners
There are arguments to be made that the guidelines should not be followed where the payor earns an extremely high income and the child support would result in a windfall to the child or the receiving parent, especially if the guideline amount is significantly higher than the actual needs of the child. In such situations a parent may want to argue that the Court should deviate from the guidelines, and instead determine the actual needs of the child, but the child’s lifestyle, based on the income of the paying parent, may also be considered by the Court.
