Family Law

Child Support in all Fifty States: Information and Resource to Help You Calculate Your Child Support Payment

The end of a relationship where children are involved can be a strenuous time for both parents and children alike. For noncustodial parents, issues surrounding child support can also add an additional, unwanted layer of stress and concern.

To ease your anxiety and to help you get started in understanding child support, this article will provide you with general information on the circumstances a court will consider when determining child support, discuss the three “models” the states use to determine child support, explore an out-of-court option for determining child support, and produce accessible resources that outline the child support guidelines for your state (the state-specific requirements in calculating child support) and a child support “calculator” (a tool to provide you with a payment estimate).

What will a court consider when determining child support?

In addition to the natural tension that stems from the realization that you will be required to pay child support, attempting to calculate your child support payment can be complicated, too. While a more specific explanation of what each state considers when calculating child support is yet to come, there are several general considerations that nearly all states will observe.

Among other considerations, a court will consider the age of the child[ren], whether the custodial or noncustodial parent resides with a partner or spouse who contributes to household expenses, whether the custodial or noncustodial parent is responsible for the child[ren]’s health insurance, and whether the custodial or noncustodial parent is responsible for child support payments with respect to the child[ren] from a previous relationship, etc.

Because each state is authorized to implement its own “guidelines” and/or “model” in determining child support, the amount you might owe in one state versus another can vary. The child support guidelines (provided for each state in the chart below) and “models” (explanation of each below), can provide you with a more in-depth explanation of your state’s specific considerations.

The Three “Models”

All fifty U.S. states utilize one of three “models” for calculating child support. Although these formulas appear to be quite complicated, most state sponsored government websites— or other online resources connected with the state—provide a free, online child support “calculator” that can provide you with a general idea as to what to expect concerning your monthly payment. The three Models are: (1) the “Income Shares Model;” (2) the “Percentage of Income Model;” and (3) the “Melson Formula.”

The “Income Shares Model”

The Income Shares Model is premised on the notion that the child[ren] is or are entitled to the percentage of parental income that the child[ren] would receive if the parents cohabitated. Generally, in a home where both parents are present, their income is combined and used in support of the household. Currently, forty-one states utilize the Income Shares Model (listed in the chart below).

Generally, to compute your payment under this model, there are four steps: (1) combine both parents’ net or gross income; (2) determine your “basic child support obligation,” which can be computed by using the table provided in your state’s guidelines; (3) determine your “presumptive child support obligation,” which takes into consideration child-care expenses and the special medical needs your child might have; and (4) prorate the presumptive child support obligation based on each parent’s total income.
While these four steps will provide you the with a specific dollar amount at each step, in order to calculate the total payment, you will need to consult your state’s unique formula (found in the state’s guidelines and/or calculator) to determine the total payment.

The “Percentage of Income Model”

Under the Income Shares Model, child support is determined using only the noncustodial parent’s income (“noncustodial parent” means the parent with whom the child[ren] does/do not live with). However, within the Percentage of Income Model, there are two “variations” to calculate child support: (1) the “Flat Percentage Model” and (2) the “Varying Percentage Model.”

Under the Flat-Percentage Model, no matter what your income, the portion devoted to child support remains constant. This means that if you were making $45,000 when you started paying child support, and now you make $75,0000, the same percentage of your income will be devoted to child support—no matter how much your income increases (or decreases). The Varying Percentage Model operates in the reverse—your income will have a direct effect on what you owe. As your income decreases, so does your child support obligation, and vice versa. The Percentage of Income Model will also take into consideration the number of children you have, and sometimes, the child[ren]’s ages, depending on your state.

The Percentage of Income Model can be understood in three steps: (1) determine the noncustodial parent’s income (remember, this Model only takes the noncustodial parent’s income into consideration); (2) determine the basic child support obligation, which is determined by applying the percentage of your income devoted to child support (percentages will vary based on a Flat Percentage or Varying Percentage): (3) apply “adjustments” (“adjustments” can similar to those general considerations mentioned in the beginning of the article).

As mentioned previously, while these steps can assist you in assessing a roundabout dollar amount at each step, you will invariably need to consult your state’s guidelines to understand and apply your state’s specific formula.

The “Melson Formula”

The most complicated model of thee three—and the most uncommon—is unlike the Models in that it is somewhat based on “public policy,” and what could be considered “good” morals. It recognizes that to support your child[ren], your basic needs—as a human—must be met. Likewise, when your basic needs are met, your child[ren]’s (and your co-parent’s) must also be met. This means that you can’t devour a four-course meal while your children chow on the table scraps. Also, unlike the Income Share and the Percentage of Income Model, the Melson Formula involves a “Standard of Living Adjustment.” In other words, as your standard of living improves, your child[ren]’s will, too.

The Melson Formula can be broken down into a six-step process: (1) determine dollar amount required to provide for each parent’s basic survival needs (what constitutes “poverty” is not based on you opinion, and will be discussed in your state’s guidelines); (2) determine the dollar amount required to meet your child[ren]’s basic support needs (also not a matter of opinion—see your state’s guidelines); (3) determine the expenses required for child care and the special medical needs your child[ren] may have; (4) determine your “Standard of Living Adjustment;” (see your state’s guidelines); (5) Combine the dollar amount calculated in step (2) through (4); and (6) allocate the total amount between both parents according to their income.

As always, consult your state’s child support guidelines for assistance in understanding and applying the state-specific formula.

Are you confused yet? You should be. Child support guidelines are not structured to be user-friendly, and parents will often require the assistance of a licensed attorney to understand them and realize what they owe. If you have concerns about your ability to pay, consider consulting an attorney. Many courts will take your unique circumstances under consideration in determining your child support payment and can accommodate you accordingly, when necessary. Ultimately, the court, your co-parent, and your children would rather you give something than nothing at all. In addition, if you can reach an out-of-court agreement with your co-parent regarding child support, your payment can vary (discussed below).

I don’t want to be involved with the law, and I don’t think a court will treat me fairly, what can I do?

Fortunately, some—if not all states—will enforce a private child support agreement made between parents. Believe it or not, the legal system—in every state—has little interest in becoming involved in your “baby momma” and “baby daddy” drama. Instead, a court will tend to hold the position that a mutual, amicable agreement made between parents with respect to child support is in the best interest of both the parents and their child[ren]. If you have concerns about whether a court would treat you fairly, attempting to form an agreement with your co-parent is arguably your best option, as you can somewhat avoid the stringent restrictions of your state’s child support guidelines as well as avoid being under the eye of the court.

Of course, you should not use your co-parent’s or the court’s willingness to observe a private agreement to your advantage; a private child support agreement should be reasonably consistent with what you would remit under your state’s child support guidelines and only stray—when necessary—depending on your unique circumstances (a decrease in salary, the loss of employment, etc.). Even with a private agreement in place, your co-parent will retain the ability to contact the state’s Attorney General and request that child support be ordered by the court if you become complacent with respect to your payments. Importantly, a child support agreement is only legally binding—and enforceable—when presented to and ordered by the court.

“So, I think I have to pay child support. What’s my next step, and how much will I owe?”

To better assist you in calculating what you might owe in child support, a chart has been provided containing the child support Model each state implements, each state’s child support guidelines (the ins-and-outs of how child support is calculated), and a “calculator” or fillable “worksheet” associated with each state that can estimate your payment. Please note that the calculator is not intended to provide you with a definite amount, and some of the calculators linked below are not state sponsored. The calculator is merely a tool to provide you a roundabout assessment.