All states have guidelines in place for the calculation of child support. Parents are obligated under the law to provide support for their children, but states have different methods for calculating child support. Most states use a model known as the “Income Shares Model”, but some states use a percentage of income model, while a minority of states use a model known as the “Melson Formula”. Each method considers parent income and the number of children who need support.
Courts generally follow the state’s guidelines for calculating child support, but courts may deviate from those guidelines in some circumstances. States also have guidelines in place for modifying child support calculations. When parents have questions or concerns about child support calculations, it is important to seek advice from a family lawyer in the state where the child support obligation will be calculated.
The “Income Shares Model” for calculating child support is the most common model, and it is currently in use by most states. The “Income Shares Model” assumes that both parents have an obligation to contribute to the financial support of the child. Accordingly, the court combines the monthly income of both parents to reach a total monthly income, and it uses that combined income to determine the total child support obligation. The court will determine that child support obligation amount by referring to a child support table, or state guidelines, that show the monthly child support obligation based on monthly income and number of children. Then, with the “Income Shares Model”, the court will calculate each parent’s portion of that total monthly child support obligation based on factors such as each parent’s income and total number of overnights with the child when one parent has significantly more overnights or parenting time.
The “Percentage of Income Model”, which is sometimes known as the “Percentage of Obligor’s Income Model”, takes a certain percentage of a non-custodial parent’s income to calculate child support. This model also uses a set of child support guidelines, or a support table, to determine a monthly child support amount based on the income and number of children. However, only the income of the non-custodial parent is considered. This model used to be the dominant child support calculation model, and some states still use it. However, several states that formerly relied on this model have shifted to the income shares model.
A minority of states use a child support calculation model known as the “Melson Formula”. The “Melson Formula” is a variation of the income shares model with several additional factors taken into consideration. In addition to using both parents’ incomes to calculate a child support obligation, the “Melson Formula” also takes into account the parent’s basic needs, the needs of the child, and a standard of living adjustment (SOLA) or cost of living adjustment (COLA).
Most states give courts the discretion to deviate from the child support guidelines in situations that require a deviation for the best interests of the child, or when a financial situation exists. Courts may deviate from the guidelines in situations where child custody or parental responsibilities are not evenly shared between the parents, when one of the parties has an illness or special needs, when one parent has other child support obligations, or in situations where the child has his or her own resources. States also may specify other conditions under which a court may deviate from the established child support guidelines.
Some states also extend a support obligation beyond the traditional child reaching the age of majority to a higher age, typically 23 years of age, so long as the child’s maintains attendance at an institution of higher education. In states that have laws pertaining to support calculations for higher education, the support obligation is often calculated based on inclusion of the costs of education associated with an in-state university’s tuition and fees. This “College Expense” support obligation not only extends the duration of the child support term but also can significantly increase the obligation amount.
A court may factor-in a parent’s potential to earn more money than they do when calculating a child support payment schedule. When the parent can earn more income than they do, the court can choose to consider this when calculating child support if the motivation of the parent is suspect. Typically, it is a parent’s choice to earn an income below their earning potential, so the court’s will not assess the motivation of the parent when calculating child support. So long as the lower income is not related to a parent’s desire to avoid paying child support, the discrepancy in income typically will not impact a child support calculation.
Most states, however, will impute income in situations where one parent intentionally quits a job or takes a lesser-paying job to purposefully avoid paying child support. By imputing income, the court considers the income that parent would earn if not for the job loss or income change, and that parent remains responsible for a support obligation based on the imputed income. Courts do not impute income when a parent is fired from a job for reasons unrelated to the parent’s intentions of paying child support.
States have methods for modifying a child support calculation under certain circumstances. Most state laws allow for a modification of the child support calculation in situations where there has been a significant change in circumstances. That significant or substantial change in circumstances may pertain to a change in circumstances for one of the parents, or it may refer to a substantial change in circumstances for the child.
In some states, child support calculations are reviewed over time. In most situations, however, if one of the parents wants a court to modify the child support calculation, it must make a request or petition the court for a modification.
State law governs the calculation of child support, and states have their own models for calculating a child support obligation. Based on the model used in a state, the court may consider the income of one or both parents. States also have methods for modifying an existing child support calculation, which can happen when a significant change in circumstances has occurred. When a parent has questions about child support calculations in a state, it is important to speak with a family lawyer in that state about how support obligations are calculated and modified.
