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Child Support Law Guidelines

Items which may be included within the total child support obligation include more than merely cash payments for necessities. State child support laws vary widely. Life, medical, health, or disability insurance may be required. Some states require non-custodial parents to contribute to future college tuition. The IRS allows a tax deduction for the payment of alimony but not for payments of child support. The total amount of necessities required by a child, plus extras, which reduce after tax, spendable income should be considered.

Temporary Child Support Laws

After a petition is filed, but before a final decree, courts ordinarily enter temporary orders which provide, among other things, that one parent pay a set amount in child support each month until the final amount can be determined. Most child support laws and judges require temporary orders for payment of support that are intended to avoid financial hardship for the child. Courts tend to place a higher value on the welfare of children rather than protecting parents from potential overpayment.

Child Support Guideline Issues

Child support laws provide guidelines, which by definition, may be altered up or down depending upon the abilities, circumstances and effort contributed by each spouse. Special circumstances a judge may consider include:

  • 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
  • Hardship which may be caused by following the guidelines
  • Local cost of childcare
  • One parent is earning significantly above or below actual potential
  • Unemployment

See Also: Child Support Law - Child Support Guidelines, Child Support Law - Divorce Decree, Child Support Law - Stop a Divorce, Child Support Law - Divorce Help

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