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Child Support: Guidelines, Calculation & Enforcement

Comprehensive information about child support: guidelines, calculation & enforcement in divorce proceedings

Income Shares Model

Most states use this approach: both parents' incomes are pooled, then divided by percentage of custody and earning. Accounts for both parental incomes and time spent with the child. More equitable than older percentage-of-income models.

Percentage-of-Income Model

Used by some states, especially Texas. Non-custodial parent pays a percentage of gross income (15-25% depending on number of children). Simpler to calculate but doesn't account for the other parent's income or actual custody schedule.

Imputed Income

When a parent is underemployed, self-employed, or deliberately reducing income to avoid support, courts may assign an income level based on earning capacity. Common in cases where parents claim low income despite prior higher earnings or market rates.

State Guidelines & Variations

All 50 states have statutory child support guidelines establishing formulas and caps. However, states differ significantly: gross vs. net income, included/excluded sources, income caps, and deviation factors. Guidelines are presumptively correct but can be deviated from for good cause.

Modification of Child Support

Either parent can request modification if there's a substantial change in circumstances (job loss, income increase, custody change, new child). Many states allow automatic review every 3 years. Modification is retroactive only to the date of filing, not back to the original order.

Enforcement & Arrears

States have enforcement mechanisms: income withholding, driver's license suspension, tax refund interception, passport denial, and contempt of court proceedings. Unpaid child support accrues interest and doesn't expire; it survives bankruptcy.

Child support guidelines are presumed correct, but courts can deviate for factors like age of children, special needs, private school costs, high income disparity, and extended custody arrangements. Deviation requires documented justification.

Frequently Asked Questions

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