HOW IS CHILD SUPPORT CALCULATED?
One of the most important issues in settling any divorce or legal separation is child support. People's understanding of child support is often based upon misconceptions or the experiences of friends and family during their divorces. Please read the article below by Barney Connaughton, Esq., a mediator with Divorce Mediation Group, for a clear, concise explanation of how child support is calculated.
Kim Werner, Program Manager, Divorce Mediation Group kwerner@ncrconline.com
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"HOW IS CHILD SUPPORT CALCULATED?"
In California, when the Court is asked to make a decision regarding child support, it is required to set the support amount using an algebraic formula commonly referred to as “guideline child support.” The formula considers the number of children, the income of each parent, and the percentage of time the children are in each parent’s care. Computer programs have been designed to make the algebraic calculations considering the tax situation of each parent, as well as the deductions from each parent’s income for such things as health insurance, union dues, mandatory retirement and other support obligations. In a case where the Court is asked to decide the issue of child support, the Judge is not allowed to deviate from the amount indicated absent special circumstances. Costs for daycare expenses related to the employment of the parties as well as unreimbursed medical, dental, orthodontia, counseling and prescription drug costs for the children are added on as support in addition to the indicated guideline amount.
"IS THERE ANY ALTERNATIVE TO GUIDELINE CHILD SUPPORT?"
Couples can reach agreement to a support amount that is greater or less than the guideline amount. For the Court to accept such an agreement the couple is required to acknowledge their right to have support set by guideline, that their agreement is in the best interest of the children and will allow each parent to adequately meet the needs of the children. If child support is set in a sum less than the guideline amount, the receiving parent can later petition the Court to have the amount increased to the guideline level which the Court will do given the mandate to order support consistent with the state guidelines.
Mediation gives the couple flexibility regarding the setting of child support. They may choose to stick to a guideline level of support, or they may look at the needs of each household and come up with a level of support that focuses more on how each of their needs can be best met. Guideline child support provides the Court with a quick mechanism to set support. Unfortunately, this level of support may either be unrealistic to the parent obligated to pay or insufficient for the supported parent to meet the needs of the children. Looking at all the circumstances of the couple, rather than just the inputs that the guideline calculations call for, can aid in making a support decision that is best for the whole family.
by Barney Connaughton, Esq., family law attorney and mediator. Barney is a mediator with Divorce Mediation Group and strives to help couples realize a healthy, civil way to divorce.
