How Child Support Is Calculated

Child support calculations vary significantly by state, but most jurisdictions follow one of two primary models: the Income Shares model or the Percentage of Income model. This calculator incorporates both approaches and allows you to see estimates based on your specific state's guidelines.

The Income Shares Model

The Income Shares model, used by approximately 40 states including California, Texas, New York, and Florida, is based on the principle that children should receive the same proportion of parental income they would have received if the parents lived together. Under this approach:

  • Combined Income Calculation: Both parents' gross monthly incomes are added together to determine the total household income available for child support.
  • Basic Support Obligation: State-specific guidelines tables determine the basic child support obligation based on combined income and number of children. These tables are derived from economic studies of what intact families typically spend on children.
  • Proportional Sharing: The basic support obligation is divided between parents in proportion to their respective incomes. If Parent A earns 60% of combined income, they're responsible for 60% of the basic support amount.
  • Custody Time Adjustment: The support amount is adjusted based on custody time percentages. The parent with less custody time typically pays support to the parent with more custody time.
  • Add-On Expenses: Healthcare costs, childcare expenses, and other child-related costs are typically added to the basic obligation and shared proportionally.

The Percentage of Income Model

Some states use a simpler Percentage of Income model, which bases support primarily on the non-custodial parent's income:

  • Flat Percentage: A set percentage of the non-custodial parent's income is ordered as support. For example, Wisconsin uses 17% for one child, 25% for two children, 29% for three, 31% for four, and 34% for five or more.
  • Gross vs. Net Income: States vary on whether they use gross or net income for the percentage calculation.
  • Income Caps: Many states cap the income level at which the percentage applies, preventing extremely high support orders for high earners.

California's Unique Formula

California uses a specific algebraic formula that's mandatory statewide. The formula is: CS = K[HN - (H%)(TN)], where:

  • CS = Child support amount
  • K = Amount of both parents' income allocated for child support (varies based on income and number of children)
  • HN = High earner's net monthly disposable income
  • H% = Approximate time the high earner has or will have primary physical responsibility for the children
  • TN = Total net monthly disposable income of both parents

This formula ensures that custody time directly impacts the support calculation, and both parents' incomes are always considered.

Deductions That Affect Calculations

Most states allow certain deductions from gross income before calculating support:

  • Mandatory Taxes: Federal and state income taxes, FICA taxes (Social Security and Medicare)
  • Mandatory Retirement: Required contributions to retirement systems (not voluntary 401(k) contributions in most states)
  • Union Dues: Required payments to labor unions
  • Health Insurance: Premiums for health insurance covering the parent
  • Existing Child Support: Court-ordered support for other children from previous relationships
  • Spousal Support: Court-ordered alimony payments being made

How This Calculator Works

This calculator provides estimates based on your inputs using the prevailing model for your selected state. Keep in mind that actual court-ordered support may differ based on judicial discretion, specific circumstances, and factors not captured by standard guidelines. The results should be used for planning purposes and discussions with your attorney, not as a definitive determination of what a court will order.

Important Disclaimer

Child support calculations are complex and state-specific. This calculator provides estimates only. Actual support orders depend on many factors and are ultimately determined by family courts. Consult with a family law attorney in your state for accurate guidance on your specific situation.

State-by-State Child Support Guidelines

Each state has developed its own child support guidelines, though most follow federal requirements established by the Child Support Performance and Incentive Act. Here's an overview of guidelines in major states:

California

California uses a statewide uniform guideline formula that must be followed in all cases. The formula considers both parents' net disposable incomes and the percentage of time each parent has custody. California's approach is considered one of the most sophisticated in the nation, with specific adjustments for:

  • High-earning parents (income over $300,000 combined)
  • Low-income obligors with hardship deductions
  • Timeshare arrangements (custody percentages)
  • Add-on expenses for childcare and unreimbursed healthcare
  • Mandatory application of the "K factor" based on income levels

The California guideline calculator is available on the Department of Child Support Services website and through court self-help centers.

Texas

Texas uses a percentage of income model with the following guidelines:

  • 1 child: 20% of net resources
  • 2 children: 25% of net resources
  • 3 children: 30% of net resources
  • 4 children: 35% of net resources
  • 5+ children: 40% of net resources

Texas caps the income subject to these percentages at approximately $9,200 per month (as of 2025). For income above this cap, the court has discretion to order additional support based on the child's proven needs. Texas also has a multiple family adjustment for parents supporting children from more than one relationship.

New York

New York uses the Income Shares model with a Child Support Standards Act (CSSA) formula:

  • 1 child: 17% of combined parental income
  • 2 children: 25% of combined parental income
  • 3 children: 29% of combined parental income
  • 4 children: 31% of combined parental income
  • 5+ children: 35% of combined parental income

New York caps the income subject to these percentages at $163,000 (as of 2025). The non-custodial parent's share is based on their percentage of combined income. Add-on expenses for childcare, healthcare, and educational costs are shared pro rata.

Florida

Florida follows the Income Shares model using detailed guidelines tables. The calculation considers:

  • Combined monthly net income of both parents
  • Number of children
  • Childcare costs necessary for employment or education
  • Health insurance costs for children
  • Substantial time-sharing adjustment (overnight credits)

Florida's guidelines include specific adjustments when the non-custodial parent has the children more than 20% of overnights per year (73+ overnights). The substantial time-sharing formula can significantly reduce support obligations.

Other Notable State Variations

Illinois

Uses Income Shares model with combined net income. Includes a self-support reserve ensuring the obligor retains minimum income for living expenses.

Pennsylvania

Income Shares model with detailed guidelines. Support continues until age 18 or high school graduation, whichever is later.

Georgia

Income Shares model implemented in 2007. Includes provisions for parenting time deviation adjustments.

Massachusetts

Uses detailed guidelines with combined gross income. Includes specific provisions for college expense contributions.

Federal Requirements

While states set their own guidelines, federal law requires that all states:

  • Establish numeric child support guidelines
  • Create a rebuttable presumption that guideline amounts are correct
  • Review guidelines at least every four years
  • Provide specific written findings when deviating from guidelines
  • Include provisions for health insurance coverage

Key Factors in Child Support Calculations

Understanding the factors that influence child support helps you prepare for negotiations and court proceedings. Here are the primary elements courts consider:

Income Considerations

Income is the foundation of child support calculations. Courts examine:

  • Gross Income: Total income before taxes and deductions, including wages, salaries, bonuses, commissions, overtime, tips, and self-employment income
  • Investment Income: Dividends, interest, rental income, capital gains, and trust distributions
  • Government Benefits: Social Security (including disability), unemployment compensation, workers' compensation, and veteran's benefits
  • Imputed Income: If a parent is voluntarily unemployed or underemployed, courts may impute income based on earning capacity
  • In-Kind Benefits: Company car, housing allowance, meals, and other non-cash compensation

Number and Ages of Children

Support obligations increase with more children, though not in direct proportion. The incremental increase per child typically decreases as the number of children increases, reflecting economies of scale in raising multiple children. Some states have separate tables for different age groups, recognizing that teenage children often have higher expenses than younger children.

Custody and Parenting Time

How custody time is divided between parents significantly affects support calculations:

  • Primary Physical Custody: When one parent has the children more than 70% of the time, traditional support formulas typically apply
  • Shared Custody: When time is split more evenly (typically 30-50% each), many states use modified formulas that reduce the higher earner's obligation
  • Joint Physical Custody: Equal time arrangements (50/50) often result in the higher earner paying reduced support based on income differential
  • Split Custody: When each parent has primary custody of different children, support is calculated separately and offset

Healthcare Costs

Medical expenses for children are typically addressed separately from basic support:

  • Health Insurance Premiums: The cost of adding children to a parent's health plan is usually shared proportionally
  • Unreimbursed Medical Expenses: Out-of-pocket costs for copays, deductibles, prescriptions, dental, vision, and mental health are typically shared
  • Extraordinary Medical Needs: Special needs children may require additional support allocation

Childcare Expenses

Work-related childcare costs are essential considerations:

  • Daycare: Full-time or part-time daycare necessary for employment
  • Before/After School Care: Programs needed during work hours
  • Summer Camps: Childcare alternatives during school breaks
  • Babysitters/Nannies: Regular childcare arrangements

These costs are usually shared proportionally to income, separate from the basic support obligation.

Existing Obligations

Courts consider a parent's existing legal obligations:

  • Prior Child Support Orders: Support obligations for children from previous relationships
  • Children Living in Home: Some states provide credits for other minor children in the parent's household
  • Spousal Support: Alimony payments being made or received

Special Circumstances

Courts may deviate from guidelines based on specific circumstances:

  • Special Needs Children: Medical, educational, or therapeutic needs beyond typical expenses
  • Extraordinary Educational Expenses: Private school tuition, tutoring, college preparation
  • Travel Costs: Long-distance visitation expenses when parents live far apart
  • High-Income Parents: Courts have discretion above guideline caps
  • Low-Income Parents: Self-support reserves and minimum payment thresholds

Deviations from Guidelines

While guideline calculations create a presumptive amount, courts can deviate based on:

  • Agreement between parents that meets child's needs
  • Special educational or medical needs
  • Significant income disparity
  • Voluntary unemployment or underemployment
  • Assets available to each parent
  • Needs of children from other relationships

Modifying Child Support Orders

Child support orders are not permanent and can be modified when circumstances change. Understanding the modification process is essential for both paying and receiving parents.

Grounds for Modification

Most states require a "substantial change in circumstances" to modify child support. Common grounds include:

  • Income Changes: Significant increase or decrease in either parent's income (typically 20% or more)
  • Job Loss: Involuntary unemployment or disability preventing work
  • New Employment: Better-paying job or career advancement
  • Custody Changes: Modification of the parenting plan or custody arrangement
  • Child's Needs: Changes in the child's educational, medical, or special needs
  • Healthcare Costs: Significant changes in health insurance availability or costs
  • Remarriage: While remarriage alone isn't grounds, new household income may be considered
  • Cost of Living: Some states allow adjustments based on cost of living changes

The Modification Process

  1. Review Current Order: Understand your existing support amount and terms
  2. Document Changes: Gather evidence of changed circumstances (pay stubs, termination letter, medical records)
  3. File Motion: Submit a motion to modify with the court that issued the original order
  4. Serve Other Parent: Proper legal notice must be given to the other parent
  5. Attend Hearing: Present your case and evidence to the judge
  6. Receive New Order: If approved, the court issues a modified support order

Important Modification Rules

Never Stop Paying Without Court Order

Even if your income drops to zero, you MUST continue paying the court-ordered amount until a modification is granted. Stopping payments without court approval will result in arrears accumulation and potential enforcement actions. File for modification immediately if your circumstances change.

  • Retroactivity: Modifications typically take effect from the date the motion is filed, not from when circumstances changed. File promptly!
  • Burden of Proof: The party seeking modification must prove the substantial change in circumstances
  • Voluntary Reduction: Courts may impute income if you voluntarily reduce your earnings to lower support
  • Future Increases: Some orders include automatic adjustment clauses tied to cost of living or income changes

Review and Adjustment Rights

Federal law requires states to review support orders upon request at least every three years. Either parent can request a review to determine if the current order meets guideline calculations. If the calculated amount differs significantly from the current order (typically by 15% or more), an adjustment may be made without proving changed circumstances.

Cost of Living Adjustments (COLA)

Some child support orders include automatic annual adjustments based on cost of living indexes. If your order includes a COLA provision:

  • Adjustments occur automatically without court intervention
  • The adjustment is typically based on Consumer Price Index changes
  • Both increases and decreases may apply depending on economic conditions

Modification vs. Termination

Support obligations typically terminate automatically when:

  • The child reaches the age of majority (18 in most states)
  • The child graduates high school (if still 18)
  • The child becomes emancipated
  • The child marries
  • The child joins the military
  • The child dies

Note: For children with disabilities, support may continue indefinitely. College support varies by state and often requires separate arrangements.

Interstate Modifications

If you or the other parent has moved to a different state, the Uniform Interstate Family Support Act (UIFSA) governs which state has jurisdiction to modify the order. Generally:

  • The original state retains exclusive jurisdiction if either parent or child still lives there
  • If all parties have left the original state, the state where the child resides can modify
  • Both parties can consent to modification in a different state

Child Support Enforcement

When a parent fails to pay court-ordered child support, various enforcement mechanisms are available. Understanding these tools helps both paying parents appreciate the consequences of non-payment and receiving parents know their options.

Income Withholding

Income withholding (wage garnishment) is the most common and effective enforcement method:

  • Automatic Implementation: Federal law requires income withholding for all new support orders since 1994
  • Direct Employer Deduction: Employers must withhold support from paychecks and remit directly to the state disbursement unit
  • Priority: Child support has priority over most other garnishments except taxes
  • Limits: Up to 50% of disposable earnings can be withheld (65% if paying parent is supporting another family)
  • Multiple Employers: Can be sent to all of the obligor's employers

Tax Refund Interception

State and federal tax refunds can be intercepted to pay support arrears:

  • Federal Offset: Arrears of $150+ for public assistance cases, $500+ for non-public assistance
  • State Offset: State tax refunds can be intercepted for any arrears amount
  • Joint Returns: Spouse may claim injured spouse relief to recover their portion

License Suspensions

Various licenses can be suspended for non-payment:

  • Driver's License: Suspension for substantial arrears (typically $2,500+ or 90 days overdue)
  • Professional Licenses: Medical, legal, real estate, and other professional licenses
  • Occupational Licenses: Trade and business licenses
  • Recreational Licenses: Hunting, fishing, and boating licenses

Passport Denial

The Federal Passport Denial Program can deny, revoke, or limit passports:

  • Applies when arrears exceed $2,500
  • State agencies certify cases to the Department of State
  • Passport applications are flagged for denial
  • Existing passports can be revoked

Credit Bureau Reporting

Child support arrears are reported to credit bureaus:

  • Appears on credit reports as derogatory information
  • Can significantly impact credit scores
  • Affects ability to obtain loans, credit cards, housing
  • Remains on report until paid and for seven years after

Bank Account and Asset Levy

Financial accounts and property can be seized:

  • Bank Levy: Funds can be frozen and seized from checking and savings accounts
  • Property Liens: Liens can be placed on real estate and vehicles
  • Asset Seizure: Personal property can be seized and sold

Contempt of Court

Willful non-payment can result in contempt proceedings:

  • Civil Contempt: Incarceration until payment is made ("purge" amount)
  • Criminal Contempt: Punishment for violation, with fines and jail time
  • Defense: Inability to pay is a defense, but burden is on the obligor to prove

Federal Criminal Prosecution

The Child Support Recovery Act makes willful failure to pay a federal crime when:

  • Arrears exceed $5,000 or are overdue more than one year
  • The obligor and child live in different states
  • Penalties include fines and imprisonment up to two years
  • Repeat offenders face felony charges with up to five years imprisonment

Enforcement Resources

If you're owed child support, contact:

  • State Child Support Agency: Every state has an agency that provides enforcement services
  • District Attorney: Many DA offices have family support divisions
  • Private Attorney: For complex cases or high-value arrears

For Paying Parents Facing Difficulties

If you're struggling to make payments, proactively file for modification rather than simply stopping payments. Courts view parents who communicate and seek proper relief much more favorably than those who ignore their obligations. Arrears accumulate interest and never go away, so address problems early.

Child Support Resources

Navigating child support matters requires understanding available resources and knowing where to find help. Here's a comprehensive guide to useful resources.

Government Resources

Court Self-Help Resources

Many courts offer free self-help resources for child support matters:

  • Self-Help Centers: Most family courts have self-help centers with staff to assist with forms and procedures
  • Court Websites: Online forms, calculators, and instructions for filing
  • Facilitators: Some courts have child support facilitators to help with calculations
  • Mediation Services: Many courts offer mediation for support disputes

Legal Aid Organizations

Free or low-cost legal assistance may be available through:

  • Legal Aid Societies: Provide free legal representation for qualifying individuals
  • Law School Clinics: Many law schools operate family law clinics
  • Bar Association Referrals: State and local bar associations offer lawyer referral services
  • Pro Bono Programs: Many attorneys volunteer free services for family law matters

Related Calculators

Our suite of calculators can help with related financial planning:

Documentation to Gather

When preparing for child support matters, collect:

  • Income Documentation:
    • Last 2-3 years of tax returns
    • Recent pay stubs (last 3-6 months)
    • Profit/loss statements for self-employed
    • Documentation of bonuses, commissions, overtime
  • Expense Documentation:
    • Health insurance premium statements
    • Childcare invoices or receipts
    • Documentation of special needs expenses
    • School expenses and extracurricular costs
  • Custody Documentation:
    • Current custody order or agreement
    • Parenting schedule or calendar
    • Documentation of actual time spent

When to Hire an Attorney

Consider hiring a family law attorney when:

  • The other parent has an attorney
  • High income or complex assets are involved
  • There are disputes about income or expenses
  • You need to modify an existing order
  • There are interstate jurisdictional issues
  • Enforcement action is needed
  • You're facing enforcement action

Professional Consultation

While this calculator and these resources provide general guidance, every situation is unique. Consider consulting with a family law attorney for personalized advice on your specific circumstances.

Frequently Asked Questions

Comprehensive answers to common questions about child support calculations, modifications, and enforcement.

Basic Child Support Questions

How is child support calculated?

Child support is calculated using state-specific guidelines that consider both parents' incomes, the number of children, custody time allocation, healthcare costs, childcare expenses, and other factors. Most states use either the Income Shares model (considering both parents' combined income and proportionally sharing the support obligation) or the Percentage of Income model (based primarily on the non-custodial parent's income). The specific formula varies by state, but all follow federal requirements for establishing numeric guidelines. Courts can deviate from guideline amounts based on special circumstances, but must provide written justification for doing so.

What income is included in child support calculations?

Child support calculations typically include all sources of income: wages, salaries, bonuses, commissions, overtime, tips, self-employment income, investment income (dividends, interest, rental income), Social Security benefits, disability payments, unemployment compensation, workers' compensation, pension income, trust distributions, and even imputed income if a parent is voluntarily unemployed or underemployed. Some states also consider in-kind benefits like company cars or housing allowances. The goal is to capture the parent's true earning capacity and available resources for supporting their children.

How does custody time affect child support?

Custody time significantly impacts child support calculations in most states. Generally, the parent with less custody time pays support to the parent with more time. In Income Shares states, the support obligation is adjusted based on the percentage of time each parent has the children. If custody is shared relatively equally (e.g., 50/50), the higher-earning parent typically pays reduced support reflecting the income differential. California's formula directly incorporates time percentages, while other states have thresholds (like Florida's 20% overnight requirement) that trigger adjusted calculations. Courts recognize that the parent with more custody time bears more day-to-day expenses.

What is the difference between gross and net income for child support?

Gross income is your total earnings before any deductions - your full salary, wages, and other income sources. Net income is what remains after mandatory deductions like federal and state taxes, FICA (Social Security and Medicare), mandatory union dues, and required retirement contributions. States differ on which they use: California uses net disposable income, while Texas uses net resources (gross minus social security taxes). New York uses combined parental income with specific statutory deductions. Understanding which measure your state uses is crucial because support calculated on gross income will be higher than support based on net income.

How are childcare costs handled in child support?

Childcare costs necessary for the custodial parent to work or attend school are typically added to the basic child support obligation and shared proportionally between parents based on income. This includes daycare, before/after school care, summer camps, and babysitter costs. The childcare must be employment-related or education-related to qualify. Parents usually share these costs in proportion to their incomes (e.g., if one parent earns 60% of combined income, they pay 60% of childcare costs). Some states cap the amount that can be considered or require documentation that the childcare is reasonable and necessary.

Modification Questions

Can child support be modified?

Yes, child support can be modified when there is a substantial change in circumstances. Common grounds for modification include significant income changes (typically 20% or more), job loss or disability, changes in custody arrangements, changes in the child's needs, or when the child reaches age of majority. You must petition the court for modification rather than simply stopping or reducing payments. The modification typically takes effect from the date you file the motion, not when circumstances changed, so file promptly when your situation changes. Both parents have the right to request modification.

What happens if I lose my job - can I stop paying child support?

No, you cannot simply stop paying child support even if you lose your job. You must continue paying the court-ordered amount until a modification is granted. However, you should immediately file a motion to modify based on changed circumstances. Gather documentation of your job loss, your job search efforts, and any unemployment benefits you're receiving. Courts view involuntary job loss (layoff, company closure) much more favorably than voluntary unemployment or quitting. If you stop paying without a modified order, arrears will accumulate with interest, and you'll face enforcement actions. Many states have expedited procedures for modification based on job loss.

How often can child support be reviewed?

Federal law requires states to review child support orders upon request at least every three years. Either parent can request this review, and the state child support agency must determine if the current order meets guideline calculations. If the calculated amount differs significantly from the current order (usually by 15% or more), an adjustment may be made without proving a substantial change in circumstances. Outside of this three-year review process, you can seek modification at any time if you can demonstrate a substantial change in circumstances. Some states conduct automatic reviews every few years.

Enforcement Questions

What happens if child support is not paid?

Failure to pay court-ordered child support can result in serious consequences including: wage garnishment (up to 50-65% of disposable income), tax refund interception (state and federal), suspension of driver's license and professional licenses, passport denial for arrears over $2,500, bank account levy and asset seizure, credit report damage affecting loans and housing, contempt of court charges with fines and potential jail time, and federal criminal prosecution for willful non-payment across state lines. Arrears accumulate interest (typically 10% annually) and never go away - they can even be collected from your estate after death. Courts take non-payment very seriously because it directly affects children's welfare.

Can child support arrears be forgiven?

Child support arrears owed to the custodial parent generally cannot be forgiven without their consent - the support belongs to the child, and even the custodial parent cannot waive it in most states. However, arrears owed to the state (from public assistance reimbursement) may potentially be compromised through state programs. Some states offer arrears management programs that may reduce or forgive state-owed arrears in exchange for consistent current payments. Very rarely, courts may reduce arrears if the paying parent can prove clear inability to pay and the arrears accumulated due to circumstances beyond their control. Bankruptcy does not discharge child support arrears.

Can the other parent deny visitation if I don't pay child support?

No, child support and visitation (parenting time) are legally separate issues. A parent cannot deny court-ordered visitation because of non-payment of child support. Doing so can result in contempt of court charges against the denying parent. Similarly, you cannot refuse to pay child support because you're being denied visitation. Both issues must be addressed through proper court procedures. If you're being denied visitation, file a motion to enforce your parenting time order. If you're owed support, file for enforcement through the child support agency or court. Two wrongs don't make a right in family court.

Duration and Termination Questions

How long does child support last?

Child support typically continues until the child reaches 18 years old, though many states extend support to age 19 if the child is still in high school. Some states (like New York and Massachusetts) may require support through college. Support may continue indefinitely for children with disabilities who cannot support themselves. Support typically terminates earlier if the child becomes emancipated, marries, joins the military, or dies. The specific duration depends on your state's laws and the terms of your court order. Some orders specifically address college expenses, while others terminate at 18 regardless of educational status.

Does child support continue through college?

This varies significantly by state. Some states like New York, New Jersey, and Massachusetts have provisions allowing courts to order parents to contribute to college expenses. Other states, like California and Texas, do not require parents to pay for adult children's college (though parents can voluntarily agree to do so). Even in states that allow college support orders, courts typically consider factors like the child's academic ability, the family's financial circumstances, and the type of institution. Parents can also negotiate college contributions as part of their settlement agreement, which becomes legally binding once incorporated into the court order.

Tax and Financial Questions

Is child support tax deductible?

No, child support is not tax deductible for the paying parent, and it is not taxable income for the receiving parent. This differs from alimony, which may have different tax treatment depending on when the divorce was finalized. Child support payments are considered a parental obligation - essentially, you're paying for your child's expenses, not making a transfer to the other parent. The IRS treats child support as a tax-neutral transfer. However, the parent who claims the child as a dependent can receive tax benefits like the Child Tax Credit. Custody agreements often specify which parent can claim the children for tax purposes.

Who claims the children as dependents for tax purposes?

Under IRS rules, the parent with whom the child lives for more than half the year (the custodial parent) is generally entitled to claim the child as a dependent. However, parents can agree to alternate years or split children between them. The custodial parent can release the exemption to the non-custodial parent using IRS Form 8332. This is often negotiated as part of the divorce settlement. Benefits of claiming a child include the Child Tax Credit ($2,000 per child), the dependent exemption calculation for various tax benefits, and eligibility for head of household filing status and earned income credit. Make sure your custody agreement clearly addresses tax dependency.

Does remarriage affect child support?

Remarriage alone typically does not affect existing child support obligations. A new spouse's income is generally not considered in calculating support because the new spouse has no legal obligation to support stepchildren. However, remarriage can indirectly affect support if it changes the paying parent's financial circumstances (e.g., reduced housing costs) or if new children are born who require support. Some states may consider household income for certain purposes. The receiving parent's remarriage also doesn't automatically reduce support, though a stepparent's assumption of expenses might be considered in some circumstances. Any changes would require a formal modification through the court.

Special Circumstances Questions

What if the other parent is hiding income?

If you believe the other parent is hiding income or underreporting earnings, you have several options. You can request discovery in court proceedings, requiring them to provide tax returns, bank statements, and financial records. Courts can subpoena employment records and bank accounts. For self-employed individuals, courts may examine business expenses, lifestyle indicators, and historical earnings. If a parent is voluntarily underemployed or unemployed to avoid support, courts can "impute" income based on their earning capacity - what they could earn if working at full potential. An attorney or forensic accountant can help uncover hidden income and present evidence to the court.

How is child support calculated for self-employed parents?

Calculating income for self-employed parents is more complex than for W-2 employees. Courts typically look at gross business receipts minus legitimate business expenses to determine net self-employment income. Tax returns (Schedule C for sole proprietors) are examined, but courts may add back certain deductions that reduce taxes but don't represent actual out-of-pocket expenses, such as depreciation. Multiple years of tax returns help establish a pattern. Courts scrutinize whether expenses are truly necessary business costs or personal expenses disguised as business deductions. Lifestyle indicators (homes, cars, vacations) may be considered if they don't match reported income. Self-employed income is often averaged over several years to account for fluctuations.

What happens to child support if we reconcile?

If you reconcile and live together again, child support payments typically continue until the court order is formally terminated. Simply moving back in together doesn't automatically end the obligation. You should file a motion to terminate the child support order if you've reconciled. Some couples continue the order during a trial reconciliation in case the relationship doesn't work out. If you have arrears when you reconcile, those still need to be addressed - either paid or formally resolved through the court. Never assume an informal agreement to stop payments is sufficient; always get court orders formally modified or terminated to avoid future complications.

Can parents agree to no child support?

While parents can agree to deviate from guideline child support amounts, courts must approve any agreement that results in zero or minimal support. Courts view child support as the child's right, not the parents' to waive. Judges will scrutinize zero-support agreements to ensure the child's needs are adequately met through other means. Courts are more likely to approve such agreements when: both parents have similar incomes, custody is equally shared, the receiving parent has substantial independent resources, or there's an offsetting benefit (like keeping the family home). The agreement must typically include provisions for healthcare and extraordinary expenses. Even if approved, either parent can later seek to establish standard guideline support.

Schedule a Consultation

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