Child Support

Child Support

Child support is calculated using a statutory formula that is based upon the number of children you have. The non-custodial parent is required to pay a percentage of his or her adjusted gross income. The percentage for one child is 17%, for two children it is 25%, for three children it is 29% percent, and so on (hereinafter referred to as the statutory percentage). This does not cover child care expenses and unreimbursed medical expenses, (for example, co-pays and other medical expenses that are not covered by health insurance). Such additional expenses are often paid by each party on a pro rata basis depending upon their respective incomes.

The Court generally will not deviate from these percentages unless the parties provide good cause to show that said deviation is justified and proper. Should the parties wish to deviate from these percentages, (even if they both agree to it), they must have good reason, list their reasons for doing so and ultimately, in the event that the papers are submitted to the Court, a Judge must approve of said deviation. This is a perfect example of why the right legal team is essential from the beginning of your case. If you wish to deviate from the statutory percentage, you must have a detailed conversation with your attorney as to the reasons for deviation that you will need to present to the Court and the opposing attorney, as well as gathering relevant evidence in support of your position.