How Is Child Support Calculated?

Parents have a duty and an obligation to pay for the support of their children. Child Support laws are applicable to all parents, whether or not the parents are married. Child support must last until the child reaches 18 if no longer in high school or 19 if the child is enrolled into high school, unless the parties agree to a longer period of time. Parents of a handicap child are required to support the child beyond the age of majority until the child is no longer handicap or becomes self supporting.

Calculation of child support is based a percentage of gross monthly income, and depends if the parties have joint physical custody or if one parent has primary physical custody. There is a minimum and a maximum amount. The minimum amount per child is $100 per month, and the maximum per child depends on the paying spouse’s income.

Where one party has primary physical custody and the other has visitation rights, the statutory percentage is applied to the payor parent’s Gross Monthly Income and the noncustodial parent pays this amount to the custodial parent The statutory formula for computing child support obligations is.

One Child ......18%

Two Children ...25%

Three Children..29%

Four Children...31%

An additional 2% for each child thereafter

There are factors a court may use to deviate from the percentage such as standard of living, circumstances of the parents, earning capacity of the parents, relative income of both parents, the cost of health care and child care, public assistance paid to support the child, and necessary expenses for the benefit of the child. In cases where the parties have joint physical custody, child support is calculated based on both parents’ gross monthly incomes. Each parent is obligated to pay a percentage of their income, according to the number of children, as stated above.

The difference between the two support amounts is calculated, and the higher income parent is obligated to pay the lower income parent the difference. After calculating child support based upon the percentage, the court will reduce the amount if it exceeds the maximum per child. To determine the maximum per child, which range the parent's gross monthly income falls into is identified, which then dictates the maximum amount the parent may be required to pay per month per child.

For the period from July 1, 2010 - June 30, 2011 the maximum ranges and amounts are as follows:

Income Range Maximum Per Child

$0 - $4,235 ................................$621

$4,235 - $6,351...........................$683

$6,351 - $8,467...........................$747

$8,467 - $10,585.........................$807

$10,585 - $12,701.......................$870

$12,701 - $14,816.......................$931

$14,816 - No Limit.......................$995

Can The Amount of Child Support Be Change?

A review can be requested if three years have passed since the order for support was entered, or at any time on the basis of changed circumstances. For the court to change the amount there must be changed circumstances and to modify the amount is in the best interest of the child.