Divorce Questions - Child Support Calculation
The child support calculation provided by statute is a guideline only. Payments ordered by the court may be
increased, or decreased, depending upon financial disparity between parents. Absent unusual circumstances,
judges tend to follow guidelines closely. The formula used for the calculation of payments varies widely from
state to state, yet almost state formulas are based upon a percentage of income.
The definition of income, allowable deductions, and the number of children all greatly impact the final
payment amount. Divorce questions frequently arise over insurance coverage provided, and because of variations
in policy language, may or may not be included as part satisfaction of support obligations. Divorce questions
also frequently arise over credit for emergency funds, special needs, and the necessity for items purchased for
children.
Note Regarding Divorce Questions
- Divorce questions pertaining to the law are properly resolved by a judge. Lawyers should be able to advise
clients on the likelihood of success when arguing a more favorable interpretation.
- Divorce questions relating to the best interest of children are also resolved by the court, ordinarily
based upon expert reports and expert testimony.
- Divorce questions relating to factual disputes are properly determined by a jury, unless the parties agree
to a non-jury trial. In non-jury trials, the judge acts both as the court and finder of fact.
- Practical divorce questions regarding minor issues are usually resolved by the agreement of lawyers or
spouses without court involvement.
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