When parents separate, state laws hold both parents responsible for financially supporting their children. Either party may apply for child support, which is based on the incomes of the family, and affected by the proportion of custodial time exercised by each parent. While child support is calculated using specific formulas, there are some complicated exceptions to the rule.
If you have questions regarding child maintenance, a Colonial Heights child support lawyer at Capital Family and Divorce Law Group could address your concerns. Our experienced attorneys are here to assist you throughout your child support case.
The calculation process starts by adding together the gross monthly income of both parents. Here, gross income refers to all forms of income, including:
The next stage of the calculation combines the intersection of this total and the number of children addressed in the child support order to establish the guideline for the case.
Several factors will determine how the guideline will apply to a child support case. These factors could include the amount of parenting time each parent receives and how much they pay in health insurance and daycare expenses for their children.
Each parent’s child support payment will be a percentage amount determined by their gross income contribution to the whole. For example, if one parent’s income is 35 percent of the whole, the other parent’s contribution will be 65 percent. These amounts reflect the percentage of the child support guideline that each parent is responsible for.
If an individual is the primary custodian, the other parent will likely have the child support obligation. This may also be true if both parents share parenting time equally, but one parent earns considerably more than the other.
The amount of time the paying parent spends with the children directly affects the amount of child support they must pay. For instance, if the paying parent has the children in their care for 89 days or fewer, the law requires them to pay the full amount as determined by their assigned percentage multiplied by the guideline. However, if they care for the children for more than 90 days or more, but less than half the total time, they will pay a reduced child support amount. If both parents share parenting time equally, the higher earner is likely to pay child support, with the amount owed reflecting the time they spend with the children.
Calculating child support can be a complicated process. A skilled child support attorney could help parents going through a separation in Colonial Heights calculate their expected child support contributions.
While each parent is responsible for a percentage of the entire child support calculation, the parent receiving the payments does not need to pay themselves. Generally, the parent receiving child support payments is the parent with a greater share of parenting time. For parents who share custody equally, the recipient will likely be the parent with the lowest income.
Consulting a Colonial Heights lawyer could help separated parents determine the correct recipient of child support payments and the total amount they could expect to receive.
Child support cases can be complicated, but they are important to secure your children’s financial security in the event of your separation from their other parent. A savvy Colonial Heights child support lawyer could help you understand the law surrounding child support so that you know what to expect and what could be expected of you.
For more information, contact Capital Family and Divorce Law Group online or by phone today.
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