What factors does the court consider when calculating child support?

Courts consider a variety of factors when calculating child support payments in divorce cases.  These factors can include: 

• The specific laws regarding such distributions in that state or jurisdiction – laws vary somewhat from state to state

• Which parent has custody – If one or the other parent has sole custody of the children, the other, non-custodial parent will be responsible for paying all child support in most cases, depending on income, state law, and other factors.

• In cases of joint-custody, how much time the child spends with each parent is a factor in how child support is calculated.  If the child spends the majority of the time with the father, in those cases the mother may be responsible for paying some child support to the father.  These calculations will be affected by the laws governing those considerations in that state.

• The parents’ incomes – Most courts will take parental income and assets into consideration when determining child support.  In cases when the custodial parent (or the parent with the most custody) also has the highest, or all the income, the non-custodial parent may not have to pay a considerable amount of child support, depending on a variety of factors.

If you are involved in a case where child support has become an issue, it is important to have a lawyer to protect your rights and to help ensure that the best interests of the child are protected as well.