Comprehensive information about child support: guidelines, calculation & enforcement in divorce proceedings
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.
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.
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.
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.
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.
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.
Our resources are for educational purposes. For your specific situation, consult with a qualified family law attorney.
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