Divorce is an emotional process, and it can become more stressful throughout the divorce proceeding. If children are involved, it will be even more frustrating. One of the primary concerns for parents in divorce cases is child support. Child support is the financial assistance that one parent provides to the other to help cover the costs of raising their children.

The amount of child support and how it is determined can vary based on various factors. Unfortunately, some parents may look for ways to avoid paying child support, but it is important to know that doing so without a legal basis can lead to serious consequences. In this blog, we will discuss how child support is determined in divorce cases.

How to Determine Child Support

Child support is generally determined according to the laws of that particular state. Every state has its own set of rules for calculating the amount. However, most states consider both parents’ incomes, the number of children involved, and the time each parent spends with the children to calculate the child support payment.

Here are some of the common factors that the court considers when determining child support:

Income of Both Parents

The first thing that helps to determine child support is the income of both parents. If one parent earns a high income, they have to provide higher child support payments. The court will consider each parent’s contribution to the household before the divorce. If the parent is self-employed or has fluctuating income, the court may use an average of their earnings or request a tax return to help estimate an income figure.

Time Spent with the Child

Parenting time or custody arrangements also impact the child support calculations. If one parent spends more time with a child, they can provide less child support. If one parent has primary physical custody, the non-custodial parent usually has to contribute financially to the child.

Number of Children

The number of children for whom support is being paid also affects the amount. If there are more children involved, the support amount will be higher. 

Additional Costs

In some cases, the court will consider some additional expenses. It may include health insurance premiums, medical expenses not covered by insurance, education, and extracurricular activities. These additional costs are often shared between both parents.

Special Circumstances

In some situations, such as one parent having medical needs or a disability, the court may adjust child support. The overall goal is to ensure the child’s welfare, which includes their health, education, and emotional well-being.

Child Support Formula

Most states use a specific formula to calculate child support. For example, in many states, a standard percentage of the paying parent’s income is allocated per child. Some states follow a shared income model, where the combined income of both parents is used to determine child support. 

For example, in California, both parents are legally responsible for paying child support until the child turns 18 or graduates from high school. If they are still in high school, the child support duty ends when the child turns 19 or graduates from high school, whichever happens first. Also, the duty ends if the child enters a domestic partnership or dies. If the child is disabled or the parents want to continue the contribution, the financial support will continue.

Child support is the best thing that helps the children financially, even when the parents no longer live together. If you are choosing to divorce your spouse and want the best child custody and support arrangement, consult a divorce lawyer. They can help you understand the legal process and help you get a fair outcome.