How do Judges Determine Child Support?

Child support is based on guidelines and formulas that differ state-wise. To determine child support judges use formulas mandated by the respective state. In many states while calculating child support the income of both the parents are considered when it comes to determining child support. However there are some states that take only the income of the non-custodial parent to arrive at a number.

What are the elements that are factored-in for calculating child support?

• Age of the children
• Is either parent financial responsible for children from an earlier marriage?
• Is either parent paying child support or alimony to children and spouses from an earlier marriage
• Which parent provides the health insurance premium for the children?
• Which parent is paying the day care bill?
• Is either parent receiving child or alimony from an earlier divorce settlement?
• What are the union dues and taxes deducted from their salaries?
• Does either of the parents get periodic bonus and incentives?
• Does either parent live with a domestic partner who takes care of household expenses?

Charleston, SC divorce lawyers explain that courts believe that child support is more important than alimony. Therefore child support is calculated and determined before alimony. The term income is defined differently by states. Some states consider gifts, bonuses, and investments as income while others do not. Some states take gross income while some others take the net income of the parents.

Demanding Higher or Lower Child Support than the Mandated Guidelines

Divorce attorneys in South Carolina clarify that if you believe that the judge should make an exception in your case by deviating from the guideline then you must offer concrete reasons for such a demand. Moreover, it is important to provide concrete proof of why you want to increase the child support or decrease it. 

Telling the judge that you want more child support so you buy nicer handbags, purses, shoes, clothes, and another BMW for example is probably not going to impress the judge nor the court. If you want to send a child to a better school such as the one the kids attend in The Good Wife then perhaps you can ask for more child support. This could be a legitimate reason. If the child has autism like Vic Mackey’s child in The Shield then perhaps more child support is warranted.

But if you are asking for more child support so you can go eat at nice restaurants every night, that is probably not going to work.

For instance and moreover, if you are a non-custodial paying parent then you can show proof that you are already paying for the school fees and the children’s out of pocket medical expenses to assert that the judge must consider lowering the amount.

If you are receiving child support then you can ask the judge to increase the amount because you are responsible for the upkeep of a child with disabilities as already indicated with the Vic Mackey reference. Charleston, SC divorce lawyers point out that if you provide a fabulous reason judges often deviate from the guideline to honor your wishes.

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Some Circumstances under which Judges Grant Exceptions

Judges are inclined to increase the guideline-dictated amount when the paying spouse has substantial assets and financial instruments and is potentially making a marvelous deal of money because they made the right choices in life. Many people believe this should not matter, why reward a spouse that has been irresponsible or who lacks a work ethic?

Judges also often reduce the amount if it is more than the child actually needs. This happens if the paying spouse is financially very well established and the amount in the guideline calculated on the basis of this income exceeds what is needed by the child.

If the paying parent does not make much money, has other expenses to meet, or has recently lost a job then the amount is often lowered. In this recession, jobs are being lost all the time and because of high taxes and anti-business regulations, companies like Ford build monster plants in Mexico and in other countries.

If your child is disabled or is gifted in the field of sports or music, for instance, then the judge may consider increasing the amount so that the child receives proper training/coaching.

If a parent is trained as a legal representative but works as clerk in a store or chooses to be an office assistance for example the court may believe that parent had taken the job to shirk the responsibility of paying. Therefore the court calculates the support based on the income that the parent could potentially be earning.

Divorces are complicated since it involves a number of critical emotional and financial decisions. If you seem to be facing a roadblock in your divorce speak with a divorce lawyer in South Carolina promptly so that you can settle the issues without getting involved in painfully expensive and messy court battles.