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Child Support
Child support is the amount of monetary support agreed to by the parties
or awarded by the court for the support of children. Factors to consider
for support include childcare costs, health insurance costs, the incomes
of each party, after spousal support is determined and the time sharing
arrangements for the children.
There is usually little difference between the child
support amounts set during separation (Pendente Lite) and at a final custody
hearing unless some of the factors listed above change during the initial
determination and the later determination.
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| Child Support
FAQ |
| Question: |
Can the court consider additional cost factors in setting child support? |
| Answer: |
Yes, they are called deviation factors. They can include the costs of private school, tutors, and the like. |
| Question: |
What does the visitation/timesharing plan have to do with child support? |
| Answer: |
If the child or children are with one parent for 90 or more days, a different mathematical calculation is used. If there are two or more children and the children reside primarily in different households, a calculation to address that visitation/timesharing arrangement is used. |
| Question: |
Why is child support determined after spousal support? |
| Answer: |
Because any amount of spousal support payable from one parent to the other is added to the receiver's income and deducted from the payor's income to determine the parties incomes for the child support calculation. |
| Question: |
If a mortgage contribution is being paid, is that factored into income like spousal support? |
| Answer: |
No, because it is to paid to maintain the asset, not to provide support for a party. |
| Question: |
What if the other parent makes less than they should or could? |
| Answer: |
If they used to earn more and now earn less due to decisions or actions they have taken, the court can treat them as having earned the higher amount of income. |
| Question: |
What if there are other children to support? |
| Answer: |
If the person writing the check is supporting another child, a different calculation is used to keep some of that parent's income in their household for the benefit of the other child. |
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