Factors Used in Calculating Child Support:
(1) Gross Income: includes commissions, overtime, bonuses, rental income, pensions, or benefits: such as unemployment, disability, worker’s compensation, or social security. If your pay varies from month to month, the court will likely average your monthly income. Some become underemployed, and as such, the court will consider a parent’s earning capacity. For example, if you are licensed to practice law but instead become a bartender because you do not want to pay a high child support, the court can consider what a reasonable lawyer would be making in your general area. (2) Visitation: percentage of physical custody (3) Deductions: mandatory union dues, health insurance for you and children, job related expenses; any other court ordered child and spousal support, FICA, SDI. (3) Tax filing status (4) Financial hardship such as extraordinary health expenses and uninsured catastrophic losses.
The court can further order additional child support for educational or other special needs of a child and for travel expenses for visitation. The court must order that the non-custodial parent provide health insurance for the child if it is available to you at no or reasonable cost.
Modification of a Child Support Order:
Let us assume you had just been laid-off. You must immediately file a motion to modify your existing child support order. A modification requires a “change of circumstance(s) since the last order. If any of the factors described above change, you have a right to have your case heard. However, it is up to you to bring a motion for a modification and a court order must take place before a monetary change can occur. However, many simply stop paying the current order and never file a motion. As a result, arrears build up and the “nightmare” that accompanies nonpayment of child support begins.