CHILD SUPPORT CALCULATION
March 25, 2016
With parenting children comes great responsibility. One of those responsibilities is to provide for them financially until they become a legal adult, traditionally at 18 years of age. If the parents of the child are no longer together, the parent who has primary custody is entitled to child support or alimony payments from the other parent. These are funds the primary parent are to use toward the care of the child, be it housing, clothing, or medical bills. The amount of child support paid is unique to each situation.
Calculations of child support payment decided based on the amount of each parent’s disposable income. Income includes all forms of incoming money, whether taxable or non. These are including but not limited to:
Wages and tips from a job;
Self employment earnings;
Disability, workers' compensation, and social security benefits;
Interest and dividends payouts;
Rental income; or
Lottery earnings and inheritance.
There are also expenses that must then be calculated in that lessen the amount of disposable income. These expenses include:
Mandatory union dues;
Child or spousal support currently being paid; and
Cost of raising children from another relationship.
What You Need
It will be helpful to have documentation to prove income and expenses. In order to verify, it may be useful to have the following documents available at the time of payment determination:
Parent’s most recent tax return;
Parent’s paycheck stub;
Parent’s tax forms; and
Documents supporting expenses and income.
When You Do Not Receive Child Support Payment
If you are ordered by the court to receive child support payments and the other party fails to pay, there are several options in which you can pursue those funds. Options include wage garnishment or intercepting state and federal payments. Punishments for failure to pay also include suspending driver’s licenses, denial of passports, as well as being charged with being in contempt of court. Failing to pay child support is not taken lightly and the legal system is able and willing to force the other party to pay their ordered payments.
When You Cannot Make a Child Support Payment
If temporarily you cannot produce child support payments, there are avenues available where you can “stay” your payments. If the paying individual is employed, typically child support payments come out of paychecks and employers are responsible for ensuring that happens. If you are not going through a local child support agency (LCSA), you can agree to stop the payments momentarily by requesting it from your employer. Both parties need to give their approval. If you are going through an LCSA, they will also need to agree to the terms.
If you have lost your job, had a reduction in wages, or you have gone to jail, you are still responsible for paying child support payments. It is possible for payments to be recalculated, so if that is needed, paperwork needs to be completed immediately. If that paperwork has not been processed, the court ordered amount is still due and there will be repercussions for failure to pay.
If you are recently separated or divorced or are in need of situating child support payments, it is helpful to have someone on your side who is knowledgeable with the legal system and family law. Someone to mediate and make sure that payments are fair and that the child involved will be financially cared for can be a stress reliever. If you are needing an experienced San Jose family law attorney, The Law Offices of Steven E. Springer is experienced and willing to fight for the compensation you deserve. You can contact us at 408-779-4700 to schedule a free 20 minute consultation.