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State divorce laws determine child support obligations. Judges apply these laws. The term "guideline" is used in statutes intentionally because the amount of the payments that may be ordered by the court can be increased or decreased. After notice, hearing, and considering facts and arguments presented by divorce lawyers, judges retain broad authority to render decisions which determine the actual amount due.

Permissible factors calculating child support

The Uniform Interstate Family Support Act requires states to enact child support laws and guidelines for the calculation of support payments following a divorce. Typical statutory guidelines provide courts may consider some, or all of the following:

  • Disparity in income earned by parents
  • Disparity in the value of separate assets owned
  • Disparity in the amount of debt assumed following termination of the marriage
  • Special physical, emotional, or educational needs of children during and after divorce
  • Hardship which may be caused by following the guidelines
  • Local cost of childcare
  • One parent earns significantly above or below actual potential
  • Unemployment while divorce is pending
Inaccuracy of a child support calculator online

Courts are not limited considering only income, or the statutory guidelines set forth by statute, when determining parental child support obligations. The process is fluid, based on a balancing of interests in each particular case. Hearings are normally required in which each spouse may testify and their respective attorneys may offer arguments in support of requested payments amounts. Because online child support calculators cannot incorporate all special circumstances which courts consider, the accuracy of a single percentage determination for all cases remains highly questionable. Properly, the percentage should be used as a starting point for an in depth evaluation of reciprocal relationships between parents and children.

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