In order to provide family courts and
judges overseeing divorce cases some sort of reference when it comes to
determining terms of divorce such as alimony, child custody, property division,
mortgage division, and child support awards, the federal government has issued
some guidelines that are used by all 50 states in the country.
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However, some of the guidelines may vary
from one state to the other since state laws are different everywhere. In order
to get a clear understanding of the guidelines in your state specifically, we
suggest you consult with a divorce lawyer who can be found right here Divorce.USAttorneys.com.
Income
Understandably, one of the key factors
that a judge will consider while determining who is responsible for paying
child support, how much the child support payments should be, and how long
these payments should be made for is the income of each parent. As per the
federal guidelines, the percentage of the couple's combined income that each
parent contributes to should be considered when figuring out how much child
support each parent is responsible for paying.
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This math is not that hard. You do not
need Will Hunting (Matt Damon) from Good Will Hunting to figure this out. You
do not need the brains of David Levinson (Jeff Goldblum) from the pitiful
Independence Day movie either to determine this mathematical solution out
either. It is pretty straightforward.
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In some states, the gross income is used
in the above mentioned formula while some other states consider the net income.
Deductions
In case one of the parents is in a
situation where they are already paying child support or alimony (from a
previous divorce), then this amount will be deducted from their income before
applying the formula in order to determine their child support obligations in
the current or on-going divorce, say divorce attorneys.'
However, these support payments will
only be deducted if and when they are court ordered. If they are voluntary
payments which aren't court ordered then the payments will not be eligible for
deductions.
Childcare expense
How much is required to care for the
child in a non-compromising manner will also be taken into consideration when
determining child support. In some states where the state provides exemption on
state income taxes, the expense will be adjusted to reflect these exemptions
too.
Healthcare expenses
The court order which deals with child
support will also need to explicitly specify which parent will be responsible
for paying for the child's or children's healthcare insurance premiums. The
cost of these premiums will then be added onto the basic child support order
and will be credited to the parent who is paying the premiums.
Divorce lawyers point out that
extraordinary medical expenses are being considered as well in recent times.
And with America’s health care situation falling apart, this is a concern for
many.
Knowing when to ask for help
Going through a divorce is never easy. It
is a highly stressful time where you may go through an emotional roller coaster.
To add to the complications, divorce laws are extensive and the legal process
requires a lot of patience, focus, and effort. Therefore, the best course of
action would be to appoint a divorce lawyer who will navigate you through the
process and make it as hassle free and smooth as possible.
Contact us if you have any questions. We
will call you back in no time at all.
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