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Child Support

A General Overview of Child Support

Child support is a common issue in a divorce case with kids. Disputes over child support may significantly impact the co-parenting relationship and will affect the financial circumstances of the parents.  As attorneys, we hear child support horror stories that are misleading or outright incorrect. This misinformation can cause people who are already dealing with a severe emotional situation to experience even more stress.  Getting the facts will help you deal with facts, not fiction.

Calculating Child Support

While the laws regarding the calculation for child support may appear complicated, the formula is relatively straightforward. The formula is a calculation of various factors.  In most states, this calculation takes into account two significant variables. The first variable is the respective incomes of the parties. The second variable is the number of overnights each party spends with their children. The number of overnights comes from the parenting plan.  These two factors are the primary calculators for child support in most states.

In theory, if time is equal and incomes are equal, then child support would be non-existent or very minimal.  However, a significant difference in income or overnights with the children will almost always result in a child support order.  For example, if each party makes the same income and one party spends more time with the children, then the party with fewer overnights will likely pay child support.  Likewise, if one party earns more income but the overnights are equal, the party with the higher income will likely pay child support. Weighing the respective incomes of the parties and the amount of time spent with the children is the balancing act of a child support calculation. This calculation identifies each party’s responsibility for the financial well-being of the children. To learn how child support is calculated in your state please visit our child support calculators.

Child Support Expenses

Once the initial child support obligation is defined by the guidelines, other expenses may be included. These are typically specifically related to the education and health of the children.  Daycare, health insurance, and other important expenses fall into this category.

After considering these factors, a “presumptive” child support order is produced from the calculation.  Barring unusual circumstances; the calculation will be a reasonable predictor of the final amount.

Please contact us to schedule a consultation with one of our experienced family law attorneys.

child support statistic

Tips For Negotiating Child Support

Negotiating child support can be a complex and emotionally charged process, but approaching it with preparation and a clear strategy can help make the process smoother and more effective. Whether you’re negotiating in court or through mediation, the goal is to arrive at a fair and sustainable arrangement that serves the best interests of your child. Here are some essential tips to consider when navigating the negotiation process for child support:

1. Understand the Guidelines: Familiarize yourself with state-specific child support guidelines to have a clear understanding of what to expect.

2. Prepare Financial Documents: Have all relevant financial documents ready, such as income statements, expense receipts, and tax returns.

3. Consider the Child’s Needs: Focus on the needs of the child, including education, healthcare, and extracurricular activities.

4. Be Open to Mediation: Mediation can be a less adversarial way to reach an agreement. It allows for more flexible solutions tailored to your family’s unique situation.

5. Seek Legal Advice: Consult with a family law attorney for guidance tailored to your circumstances.

6. Communicate Clearly: Keep the lines of communication open with the other parent. Clear, respectful communication can lead to more productive negotiations.

Modifications To Child Support

Child support orders are not set in stone and can be modified post-judgment due to changes in circumstances. Such changes might include:

1. Significant Change in Income: If either parent experiences a substantial increase or decrease in income.

2. Change in Child’s Needs: For instance, new educational expenses or healthcare needs.

3. Change in Custody Arrangements: Modifications in the time each parent spends with the child can warrant

Modern Family Law

Modern Family Law’s team of experienced child custody attorneys takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. Our attorneys currently practice in Colorado, California, and Texas. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.

By: MFL Team

Posted January 15, 2024


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