how to determine how much the child support will be? I mean I've heard that its actually 10% of the parent(s) income. Lets say if the mother has child custody and father needs to pay child support and he makes over $ 200,000. Does anyone know how much that is? I have a friend going through a divorce. Thanks
2007-06-19 13:42:46 · 11 answers · asked by EuroStudio 2 in Family & Relationships ➔ Marriage & Divorce
Without more information, any answer given here by anyone is likely to be a little vague, mostly because it depends on the state in which the divorce is taking place. Each state's laws are different. Here is the general information that I can tell you:
Federal Laws limits Child Support to 50% (if you're remarried) and 60% (single) or 5% more than that if there is an arrearage of more than 3 months. (Percentages given are of disposable income, which means after taxes). Some states have similar statutes. In Washington State, these limits are 45% (50% if there is an arrearage) regardless of marital status, though there is wording that would allow the judge to increase it above this amount in special circumstances
Most states have a formula that determines the child support owed based on custody, time spent with the child, and the incomes of both parents. Many courts assess that the non-custodial parent will be responsible for 50% of the child/children's care expenses, lifestyle expenses, etc. and that time away from the child needs to be reimbursed to the custodial parent.
Some states will automatically asses the non-custodial parent 50% of their wages unless there are specific hardship circumstances that would give the judge or family law master reason not to.
Nearly all states also have minimum limits for child support. For example, Ohio's is $50/month regardless of income. Some states base the minimum on a percentage of income like a minimum of 17% for each child to a limit of 3. Or a minimum of 17% for one child, 34% for 2 children and 51% for 3 children.
The bad news is that in every state that has a minimum, it is more than 10% for one child. Thus, instead of paying in your example of the person making $200,000 a year paying $20,000 in child support, most states will have him or her paying at least $30,000 or more.
As a side note, if the non-custodial parent makes significantly more than the custodial parent, expect a higher percentage to be paid as the judge or law master will take into account the lifestyle that the child/children would've had if it/they had still been living with the non-custodial parent. So if he's making $200,000 while she's making only $50,000 a year, expect him to pay about 50% for child support in most states.
2007-06-20 12:33:56 · answer #1 · answered by Kevin C 3 · 0⤊ 0⤋
It depends on which state you live in. But most states have a 'calculator' that is somewhere around 17% of your income PER CHILD! but i believe after the 3rd child the amount due caps off. BUT in your friends case if he makes 200k or more, he may have to pay more. it just depends on the couples assets and the mothers income as well. but like i said average is 17% per child. i have 3 children myself from 2 different marriages. the local child support enforcement office will determine how much before the divorce, and the amount may be more or less at the final hearing. sometimes, with a descent attorney, a man can show the amount he is capabel of paying versus the amount the mother wants and many times win, especially if the father makes a significant amoutn more than the mother. sounds crazy, but my ex had his child support lowered by 200a month AND was awarded to claim one of our children on his taxes. If i would have argued the case, the judge could have awarded him all the children on his taxes. its a sticky situation!! so tell him not to worry too much, the judge is not goig to break him. if he gets stuck wtih paying a hellacious amount, he can always ask for a modification wtih a different attorney.
2007-06-19 14:05:14 · answer #2 · answered by *** 2 · 0⤊ 2⤋
It varies on the state and is set by the court. In some states such as Ohio, they can legally take up to 65% of a person's income depending on circumstances and other factors. The person who is obligated to pay child support, have the right to petition for reduction of such support due to life circumstances.
2007-06-19 13:50:26 · answer #3 · answered by J T 3 · 2⤊ 1⤋
Put "(name of state) child support calculator" into a search engine. Most states have an online calculator. You put the appropriate information into the calculator, and it will give you an answer.
2007-06-19 14:45:51 · answer #4 · answered by starrrrgazer 5 · 0⤊ 1⤋
Each state is different and has its own formula for figuring out child support so its really hard to say on here
2007-06-19 13:52:01 · answer #5 · answered by Arthur W 7 · 2⤊ 1⤋
every state is a little differant but most just set a dollar amout some use % wisconsin is about 17% for 1 child
2007-06-19 13:49:51 · answer #6 · answered by tucker 1 · 0⤊ 2⤋
Well, lets examine.... if you think that it is 10% of the father's salary and the father makes 200,000 a year, then you would take 10% of the 200, 000 and that would be your answer...
prolly something you could have figured out with out wasting time on a yahoo question...
2007-06-19 13:48:21 · answer #7 · answered by boomquisha 2 · 0⤊ 4⤋
He needs to talk with his attorney. It can vary by state and both parents income is taken into consideration.
2007-06-19 13:47:06 · answer #8 · answered by Schwinn 5 · 0⤊ 2⤋
its not 10%...most states, its about 40%
2007-06-19 14:07:11 · answer #9 · answered by poodle mom 6 · 0⤊ 2⤋
each state has a calculator. where i live he pays 60 percent of the caculation.
2007-06-19 13:50:08 · answer #10 · answered by blondefaith65 2 · 1⤊ 2⤋