The most common family law questions are about child support. There are some basic things that are good to know if you are in the middle of family law proceedings. Of course, this is just scratching the surface. Any specialized questions need to be directed to an experienced attorney.
Who Pays Child Support?
The parent who does not have primary custody is required to pay the other parent for child support.
How Much Do I Pay for Child Support?
This is up to the judge in the case and he has discretion based on a variety of factors. The court always looks at what is in the child’s best interest. However, there is a general guideline that they follow. The general guideline is based on if there is not another child in the home unrelated to the family law proceedings. They have determined this percentage amount of income to be acceptable and in the child or children’s best interest.
- 20% for 1 child,
- 25% for 2 children,
- 30% for 3 children,
- 35% for 4 children,
- 40% for 5 children,
- Not less than 40% for 6 or more children.
What Factors Does the Court Consider?
The court considers many factors when looking at ordering child support. These include: the child’s age, their health and any particular needs they have, the parent’s ability to contribute to child support, the parent’s income, the parent’s earning potential, custody of the child, alimony, educational expenses, employee benefits, health insurance for the child, and other expenses. Sometimes the court will deviate from the guideline support if there are reasons that support it.
It is incredibly important to pay child support that is already ordered by the court. Failure to pay can end up with a charge of contempt and possible jail time. If circumstances have changed since it was ordered, you can request a modification.