How Child Support is Determined
San Jose Child Support Family Law Attorney
It is required by federal law that the amount of a child support payment be determined by guidelines set by the state. The purpose of the guideline is to prevent a huge variant of amounts of child support being ordered from courtroom to courtroom, should there be a process of appeals. Though the guidelines vary slightly from state to state, most states have established formulas to help determine the amount of payment from one parent to the other.
The Guidelines
Most states take the following into consideration
- Income
- Deductions
- Childcare expenses
- Healthcare expenses
- Other expenses
- Shared custody and visitation
Income and Deductions
Typically, the income of both parents is taken into consideration. The amount a parent is obligated to pay in child support is in large part determined by the percentage of the couple’s combined income that each parent contributes. If child support is already being paid for a previous situation, the parent is allowed to deduct that amount from their income when formulating their income for the current case.
Child and Healthcare Expenses
How much parent’s must spend on child care in order to work or look for work is also taken into consideration. Part of the child support order will indicate which parent will pay for the child’s health insurance. This amount is added to the basic child support order and then credited to the parent who pays it. Several states require that a certain amount of additional support be ordered to cover out of pocket health care expenses that may arise.
A San Jose Child Support Family Law Attorney Can Help
Contact San Jose child support family law attorney Daniel Jensen at 408-296-4100 for guidance from a professional who cares. We will discuss your situation and determine your rights and options.
