The majority of parents can agree on child support without going to court. However, either party can request a hearing if they are unable to decide on the amount or when one party has verifiable evidence that suggests that deviation from the guidelines is the best course of action.
In most cases, determining how much child support a parent will pay is based on a very particular calculation that takes numerous factors into account and this final figure is based on the North Carolina Child Support Guidelines, where parents can find a wealth of information around how the calculation is determined.
These guidelines use the “income shares model.” This means that the children should receive the same amount of financial support as they would have done if the parents stayed together, and therefore requires both parents to remain financially responsible for the child, regardless of the living situation.
Child support is in place to help the primary caregiver pay for the various expenses associated with bringing up a child. This can include financial aid to buy the basics such as food and clothing, as well as any educational, healthcare, travel, or any miscellaneous costs for other extracurricular activities.
What are the main factors that affect the amount of a child support payment?
The main factors that courts will consider when determining child support are as follows:
- The gross monthly income of each parent
- The cost of daycare for the child(ren) each month
- The cost of medical insurance for the child(ren)
- The living arrangements of the child(ren) (for example how many nights they spend at each parent’s house)
The calculation is also affected by additional factors that may not be applicable in every instance. These include:
- Any bonuses or commissions earned on top of the basic salary that either parent receives
- Voluntary unemployment or underemployment
- Actual costs incurred, including any unusual necessary expenses
- Any special educational needs the child has
- Unusual visitation scheduling
- Any other factors that may impact on the amount owed
Failure to pay
If the parent ordered to pay child support misses a payment, the other is permitted to file a motion for contempt with the court to force them to pay. There are several remedies available such as the court withholding wages but may lead to criminal penalties if the parent continues to refuse to pay.
If you need assistance with any matter relating to child support, the friendly attorneys at Lehnhardt Price Family Law can help. Contact us to discuss your options with an experienced family lawyer today.
FAQs
What are the main factors that affect the amount of a child support payment?
- The gross monthly income of each parent.
- The cost of daycare for the child(ren) each month.
- The cost of medical insurance for the child(ren)
- The living arrangements of the child(ren) (for example how many nights they spend at each parent's house)
Parental Factors Considered in Child Custody Cases
- Parental Involvement and Commitment. ...
- Distances Between Parents' Residences. ...
- Parental Ability to Meet the Child's Needs. ...
- Parental History and Conduct. ...
- Child's Preferences and Wishes. ...
- Continuity and Stability of the Child's Environment. ...
- Sibling Relationships.
For example, the court can consider: the age and needs of the child, the ability of the parents to contribute to supporting the child, the amount of time and possession of and access to a child, financial resources available to support the child, child care expenses, special or extraordinary education, health care or ...
What factors determine child support in Texas? ›
The calculation of child support in Texas is a structured process that considers the income of the noncustodial parent, the number of children requiring support, health insurance costs, extraordinary medical expenses, additional needs, and adjustments for imputed income.
What is the most money child support can take? ›
A: The most money child support can take in California is up to 60% of a person's wages if they are only responsible for one child. If they are responsible for two or more children, then up to 50% of their wages can be garnished. Wage garnishment can sometimes be mandated by a court order.
What is a hardship deduction? ›
Hardship deductions are within the discretion of the court, and are approved for extraordinary health expenses, uninsured catastrophic losses, and the basic living expenses of any children the parent has an obligation to support and who reside with the payor parent.
What is the new law on child support in Texas? ›
On September 1, 2023, a new law – specifically Senate Bill 870 – went into effect, giving judges the power to order parents behind on child support payments to actively seek employment or enroll in a community employment program to help them find a suitable job – whether they want to or not.
Does child support go down if the father has another baby in Texas? ›
Will my child support decrease? In Texas, having additional children constitutes a material and substantial change in circ*mstances, which means you can seek a modification to your child support obligation after your other child is born.
When a child lives with just one parent, that parent is called the? ›
Sole Physical Custody
That's no longer the case, but judges will still typically award physical custody to one parent (the "custodial parent") when it would be best for the children—such as when the other parent: lives so far away that it would be harmful to make the children shuttle back and forth regularly.
Does parenting time affect child support in Texas? ›
Child support is determined based on factors such as income and the child's needs, regardless of visitation time. The judge has the final say in determining child support and considers what is best for the child, not what may seem fair to either party.
In Texas, a custodial parent may refuse to accept child support payments from the noncustodial parent. However, if there's an existing court order for child support, the noncustodial parent is still obligated to make payments.
What is the maximum child support in Texas in 2024? ›
Social security taxes and income taxes are allowed deductions when determining net resources for child support. The Texas laws concerning the cap on child support payments stipulate that for 1-5 children, the maximum child support payment is 40% of the net monthly income.
How does California decide child support? ›
The child support formula in California is expressed as CS = K (HN – (H%)(TN)), where CS is the child support amount, K is the combined total income to be allocated to child support, HN is the higher-earning parent's net monthly disposable income, H% represents the time spent by the higher-earning parent with the child ...
What is the maximum child support in California? ›
There is no fixed maximum amount for child support in California, as the state uses a guideline formula to determine support payments on a case-by-case basis. The formula factors in both parents' incomes, the amount of time each parent spends with the child, and the specific needs of the child.
What is considered income for child support in California? ›
In California, income can come from almost anywhere. Whether it's your salary, the rent you receive from a property you own, or dividends from investments, all of it counts when calculating child support. Here's a quick look at what may be included: Wages, bonuses, and salaries.
Do you pay child support if the mother makes more than the father in California? ›
Mothers are not exempt from California's child support laws. If the mother is a higher earner than the child's father, or if the father has custody, the mother will be expected to pay child support to contribute to the expenses of caring for the child.
