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The court will generally consider the amount of gross income generated by each parent, the
amount of placement, and the number of dependent children. Often times the court falls back on
the percentage standard, and takes a certain percentage of the salary of the parent that does not
have placement, such as 17% if there is one child, 25% if there are two children, etc. and gives
that amount to the parent that has placement of the child or children.
a.
Deviation from Child Support Guidelines. Sometimes the court will deviate from the
guidelines, upon request by a party, if, the court finds by the greater weight of the credible
evidence that use of the percentage standard is unfair to the child or to any of the parties,
such as:
1.
The financial resources of the child.
b.
The financial resources of both parents.
c.
The cost of day care if the custodian works outside the home, or the value of custodial
services performed by the custodian if the custodian remains in the home.
d.
The physical, mental, and emotional health needs of the child, including any costs for
health insurance.
e.
The tax consequences to each party.
f.
Any other factors which the court in each case determines are relevant.
2.
Length of Child Support Obligation. The court shall order either party or both to pay for the
support of any child of the parties who is less than 18 years old, or any child of the parties who
is less than 19 years old if the child is pursuing an accredited course of instruction leading to
the acquisition of a high school diploma or its equivalent.
3.
Withholding Support. Violation of physical placement rights by the custodial parent does not
constitute reason for failure to meet child support obligations.
FOR MORE INFORMATION, SEE OUR ONGOING BLOG
4.
Automatic Deduction. Child support can be automatically deducted from the payor’s check,
which is the easiest method.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation
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