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How is child support calculated?
After the judge or support magistrate determines the income of both parents and makes the deductions allowable by law, (FICA, alimony, other specific expenses), the incomes are added together to get the “combined parental income”. Next, the judge or support magistrate selects a percentage based upon how many children in the household need to be supported. The combined parental income is multiplied by this percentage, and the amount is divided between the parents according to their incomes. The combined parental income level is set differently in every state, and levels are subject to change with time. This amount, plus the cost of health insurance coverage, child care, health-related expenses that are not covered by insurance, and appropriate education costs, is called the total child support obligation. It is possible for a judge to reduce or increase child support without respect for the guidelines. The judge or support magistrate may order a parent to pay a portion of money received from a non-recurring (one-time) source, such as: Life insurance policies; debt payments, debt recovery, gifts or inheritances, winnings from gambling or the lottery. An exceptional influx of income from one of these sources, or another source, may cause a judge to increase child support. Similarly, if a parent loses his or her job, or suffers serious financial loss, a judge may order that the parent’s payments of child support be reduced.
Non-payment of child support is a serious crime. A judge will almost certainly order that the non-payer be fined, and very often orders that the parent be jailed. Should a parent attempt to flee child support, most states have an agency that will seek to find them and bring them to justice. For example, the State of New York has a the Division of Child Support Enforcement (DCSE) which operates through the Office of Temporary and Disability Assistance. The DCSE will try to locate non-custodial parents who have attempted to avoid child support payments. Through New Hire Reporting Directories, credit bureaus, IRS data, and more, DCSE can help find the non-custodial parent in order to establish or enforce a child support order or contact a divorce lawyer on behalf of the parent who is caring for the children.
