every state is different (slightly) regarding CS guidelines.
usually they calculate both parents incomes to get the amount that is to be paid. there are online calculators to give you a basic idea of what you will pay. her income may not be considered if the child is still young, or you may have to pay a percentage of the daycare.
here are some links; just click on your state and fill in the fields. also, more links to help with any other questions you may have. just click on your state and find the section you need.
http://www.divorcelawinfo.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html
http://www.divorcehq.com/deadbeat.html
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
2007-01-09 00:04:27
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answer #1
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answered by Yvette B yvetteb 6
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Since you have the web, take a search for Provincal or National Child Support Guide Line, you should be able to find a chart showing exactly what you would have to pay/receive per child based on income. Also may be a good idea to ask your lawyer other forms of payment if you suspect the money will not go directly to benefit you child(ren). For example if the money was deposited into an educational savings account or in the form of supplies (i.e. food, clothing) for the child. I hope all goes well, these are messy times.
I may be rambling here...
In a split custody situation, children are likely to take a temporary negative spin. It its important for the parents to unite and come accross as allies to nip this in the bud. Other wise the little darlings will play to their advantage.
2007-01-08 02:30:21
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answer #2
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answered by NSMegaMom 1
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I think it varies state to state, but maybe not, but basically what they do is they look at both parent's income and then they look at how the child would live moeny wise if both parents were still together, and then they order the amount accordingly. Most child support offices have web sites, and I know the one for VT has a calculator right on it. They factor in information on child care cost and everything, so I would check on the web site.
It is also good to realistically think about how much you can afford before you go to court. If you truly can't afford to pay for what ever reason, bring in proof when you go to court.
HOWEVER.. you made this child. You should support this child. Be a good role model for your child and take responsibility.
2007-01-08 02:24:47
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answer #3
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answered by badneighborvt 3
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Child support is based on income. Depending on the state, either your income or yours and the other parent combined. It also varies with add-ons such as medical for the child(ren) and life insurance for yourself. Child care, whether used or not, is often added in as well and add-ons are not used in "support" calculations but rather "added-on" top of the calculations. If there are other, former children for which child support is paid, it usually deducts from the gross before calculations on the current order.
The rates range from 17-23% of gross salary, which can be up to 55-85% of your net. Some states will use overtime in their calculations; others don't. See below for a link to support calculators but be warned, they are not exact and do not take the temperment and attitude of the judge into consideration. Judges consider the "guidelines" of their state as prima facia law in most cases.
NO state uses *costs* to calculate child support and none demand or verify that the child support is used for solely the support of the children. Even though the USDA has established costs for each area in the US, it is not used... ever.
A judge MAY, but almost certainly will not request an accounting of how support money is spent.
As your income increases (or in states that use both incomes, the other parent's), the child support will increase if the other parent requests a hearing for a "change in circumstances".
Some courts (read: Judges) require an annual increase for cost of living as well.
My child support order (from 1989) was for less than $500/month; with all the add-ins, it wound up being over $1000 AND I had expenses similar to the child's mother. (home, food, utilities, clothing and entertainment expenses for our child, not counting 100% of out-of-pocket expenses for medical, glasses and dental and 100% of the travel expenses).
Judges can and do override the wishes of the parents once it winds up in court. If parents agree, judges will usually go with the parent's wishes up to a point but don't count on it too heavily not to mention that there would not need to be an order if the parents agreed to start with.
2007-01-08 05:18:35
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answer #4
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answered by Phil #3 5
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It really depends on where you live, but here is a general guideline:
Texas has established a formula to calculate what amount a non-custodial parent should pay for child support. If your net monthly income is less than $6000, Texas law has established the following guidelines for child support payments. The amount withheld is based on your net income each month.
*20 percent for one child
*25 percent for two children
*30 percent for three children
*35 percent for four children
*40 percent for five children
*Not less than 40 percent for six children
Special rules apply in cases of split or joint placement or multiple children in different households. If a court believes that you are not making as much money as you should, the child support amount may be based on your earning potential. This is income that you could potentially earn.
A different formula to determine the amount of support may apply when you have multiple children in different households. It is important that you let the judge or child support master know that you support other children who have a different mother.
Support issues depend entirely on state laws. Please check your State Family Code for your state guidelines.
2007-01-08 02:26:09
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answer #5
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answered by lkb740 2
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In the state of Wisconsin it is a pay of 17% of your gross pay. You can call your local Child Support Agency and ask them. Otherwise, you and your child's mother can come to a flat rate agreement and child support has to accept it.
2007-01-08 02:22:36
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answer #6
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answered by baybedoll1977 2
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its based on your income, your ex's income, how many kids you have and how old they are, and probably where you live and what state. I think they figure your income from gross pay, so after taxes and child support you will probably be losing over half of what you make.
2007-01-08 02:23:21
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answer #7
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answered by rand a 5
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Its based on a percentage of your pay in most states. It covers your childrens share of the rent, utilities and anything special, like if your kids have had dance lessons or riding lessons or if you are rich, schooling and medical, dental and tutoring. For most its just basic stuff multiplied by the number of kids you have. You would have to support them if they lived with you, you have to support their basic needs now.
2007-01-08 02:24:15
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answer #8
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answered by justa 7
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Cheaper to keep her. Around 17% of gross income is a good estimate. Plus life insurance on yourself, and health insurance on the child.
2007-01-08 02:29:46
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answer #9
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answered by Anonymous
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Depends on how many kids. When i started paying like 16 years ago it was like 25% for one kid, 35% for two kids and up to 50% for three or more kids.
2007-01-08 02:23:54
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answer #10
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answered by Anonymous
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