This question will likely have to be followed by a number of other questions before generating an accurate response. Although child support may be one of the more cut and dry areas of family law due to being governed by an actual hard and fast math calculation, the data that is placed into said calculation can often be very subjective, as it is no doubt determined on a case by case basis. In order to know what your child support will be, you must know some things specifically before asking someone to plug in the numbers. Relevant information to a child support calculation includes, but may not limited to, the following:
- Gross Monthly Incomes of the parties. Do not confuse this information with your net take home pay. For purposes of calculating child support, the formula begins with your gross monthly income. This information is generally found on a party’s Financial Affidavit. Or, if that information is not accurate, it can be found on things such as a party’s tax return, paystub, and/or W-2. If the individual is voluntarily unemployed or underemployed, then it is possible to seek to try and impute income to that individual. If you know someone who is voluntarily unemployed or underemployed, consult a legal professional today to learn how to go about attempting to do this before calculating your child support.
- Overnights. The timesharing schedule needs to be clear, so the calculation can take into consideration how many overnights the child(ren) are spending with each parent. If you haven’t already established a parenting plan within a settlement agreement or final judgment of some kind, then you can determine your number of overnights by simply counting out the number of nights your child(ren) stays at your residence overnight throughout the year. The more overnights a parent has, the more of an effect the timesharing will have on the child support calculation. For purposes of adjusting any award of child support a parent must exercise time-sharing at least 20 percent of the overnights of the year.” IE – if you spend less than 73 overnights with the children per year, the child support statute treats you as though you do not see the children at all. Unfair? Yes.
Also relevant to child support are:
- Health Care of the Parties.
- Health Care of the Children.
- Day Care Expenses.
- Mandatory Union Dues.
- Mandatory Retirement.
So, before asking “what is the average child support for…?” do your homework and gather the requisite information needed for the calculation. Then seek out a legal professional whom you trust, as although the statute does allow for certain deviations, child support is not something that can be waived, as it is a right of the child. Therefore, it is important to get these numbers right as they will certainly have a direct effect on the child support calculation. If you or someone you know needs assistance with child support, don’t wait, contact Men’s Rights Law Firm for a consultation at 239-829-0166.