Child Support Guidelines
New Child Support Guidelines - 2010
Guidelines are based on the assumption that a child’s reasonable
needs increase as the combined net income of the child’s parents
increases. Deviations allowed for special needs and special
circumstances cannot go below $867/month. This is the self-support
reserve to assure low income obligators retain sufficient income to meet
their own basic needs.
The Guideline amounts are based upon the concept that the child of
separated, divorced, or never married parents should receive the same
proportion of parental income that he or she would receive if parents
lived together.
The new Guidelines account for shared custody. Shared means that the
child is spending more than 30% of his time with the other parent.
Child care expenses are still to be apportioned between the parties.
Even the non-custodial parent may have need for child care.
The provision for spousal support and APL has been amended to require
the court to consider the duration of the marriage in determining the
duration of the award.
Voluntary reduction of one’s income if quit a job or was fired or went
to school will not affect the support obligation.
Income reduction will lead to adjustments in support obligations unless
the trier of fact finds that such a reduction in income was willfully
undertaken in an attempt to avoid or reduce one’s support obligations.
Deviations in support - child or spousal - are based on:
- Unusual needs and unusual fixed obligations
- Other support obligations of the parties
- Other income in the household
- Ages of the children
- The relative assets and liabilities of the parties
- Medical expenses not covered by insurance
- Standard of living of parties and children
- Duration of the marriage
- Number of children
When an obligator has more than one order for child or spousal support with APL, the priority of distribution is:
- Current child support
- Medical, child care, or other court-ordered support related
expenses
- Child support arrears
- Current spousal support or APL
- Spousal support or APL arrears
- Court costs and fees
There is a duty on the payor to inform the Domestic Relations of any change in address, employment, and/or address of the child receiving support.
When Determining Support:
- All income is examined – pay stubs are reviewed for
non-voluntary retirement plans and union
dues. Also, federal tax returns are reviewed to check if a person received an earned income
credit.
- Credit will be given for the party providing health insurance.
- Child care expenses will be split in proportion to the net
incomes of the parties.
- The first $250/year per person of an unreimbursed medical
expense is assessed per calendar
year and assumed by the custodial parent.
- SSI is never income for support purposes. SSD benefits received
are income.
- Self-employed individual’s tax returns will be scrutinized very
closely to be certain that only
actual business expenses are deducted from income.
- Support orders may be increased for such items as private school
tuition or excessive mortgage
obligation.
