The Child Support Guidelines
are based on two factors: the number of children, and the non-custodial
parent's net income. Net income for purposes of child support is defined
as total income minus the following deductions:
- Federal Income Tax
- State Income Tax
- Social Security Deductions
- Reasonable Pension Deductions
- Union Dues
- Cost of Dependent Health Insurance Coverage
- Cost of Individual or Group Health/Hospitalization
Coverage or an Amount for Actual Medical Expenses
- A Child Support or Maintenance Order that is
Currently Being Paid.
Once a figure for net monthly income has been
determined, the following table is used to determine what percentage
of that net monthly income must be paid in child support:
|
Net Monthly Income
|
1 Child
|
2
|
3
|
4
|
5
|
6
|
7+
|
|
$0-550
|
*
|
*
|
*
|
*
|
*
|
*
|
*
|
|
$551-600
|
16%
|
19%
|
22%
|
25%
|
28%
|
30%
|
32%
|
|
$601-650
|
17%
|
21%
|
24%
|
27%
|
29%
|
32%
|
34%
|
|
$651-700
|
18%
|
22%
|
25%
|
28%
|
31%
|
34%
|
36%
|
|
$701-750
|
19%
|
23%
|
27%
|
30%
|
33%
|
36%
|
38%
|
|
$751-800
|
20%
|
24%
|
28%
|
31%
|
35%
|
38%
|
40%
|
|
$801-850
|
21%
|
25%
|
29%
|
33%
|
36%
|
40%
|
42%
|
|
$851-900
|
22%
|
27%
|
31%
|
34%
|
38%
|
41%
|
44%
|
|
$901-950
|
23%
|
28%
|
32%
|
36%
|
40%
|
43%
|
46%
|
|
$951-1000
|
24%
|
29%
|
34%
|
38%
|
41%
|
45%
|
48%
|
|
$1,001-6,280
|
25%
|
30%
|
35%
|
39%
|
43%
|
47%
|
50%
|
(*) Stands for Judge's discretion.
For net monthly incomes higher
than $6,280, net monthly income for child support purposes is deemed
to be $6,280, so the maximum guideline amount of child support is never
higher than the appropriate percentage of $6,280, regardless of the
obligor's income.
While the guidelines are followed
in the majority of cases, there are some times where there are exceptions
and deviations from the guidelines. In addition, where parties use
either joint physical custody or a parenting plan, or do something other
than describe one parent as the primary physical custodian, the guidelines
are used somewhat differently.
When the parties use a parenting
plan, and in some other situations, the parties can determine support
based on how expenses are allocated between the parents. In either
case, regardless of which parent is deemed to have custody, the parties
need to agree on which parent is paying which expenses.
Occasionally when parties are
forming a parenting plan, they go through each specific expense item
for the children and determine how those expenses will be allocated.
If one parent is going to pay more of the expenses, or if the expenses
are being divided equally and one parent has less or fewer resources,
child support may still be paid.
