Parents are expected to pay for the child according their ability. A parent with a higher standard of living is obligated to make sure his child can share in the lifestyle. However, the non custodial parent cannot be expected to pay for a lifestyle which is beyond his own.
Child support provides for all of the child’s “needs” during formative years. The courts consider a parent’s first obligation in life to support their minor children, and the child is to share in the standard of living of both parents. Therefore, child support provides for not just needs, but a lifestyle as well.
The household of the custodial parent may benefit from the child support if the noncustodial parent’s income far exceeds the custodian’s. In addition, a percentage of future bonuses to the non-custodial parent may be awarded to the children to ensure the standard of living is shared.
Federal law requires that guidelines be used to set the amount of child support payment. The guidelines are to set an objective measure, so that courts do not vary in their mandates. The formula is based on the net incomes of the parents. Then mandatory expenses such as Social Security, income tax, Medicare, and any other mandatory fees are subtracted. The net income is then used to determine child support.
Evidence of income can be obtained through pay statements or tax statements. All income is to be shown by law. If a party is suspected of not documenting certain income such as cash, an attorney is needed to work on the case.
In addition to income, formulas also consider other factors such as time spent with the child. The parent who spends the greatest time with the child is incurring the greatest expenses when raising the child. In addition the number of children a parent has is considered. Because there are fixed expenses that do not rise with the addition of other children, the amount does not double for second child. Lastly, special circumstances will be factored into the equation. Such items as high medical expenses, special educational needs, uninsured catastrophic losses, travel expenses for visitation purposes, and the cost of living expenses for other children have an effect on the amount of child support.
There are now computer programs which have been designed to objectively calculate support. However, there are still many factors to be considered.
If you are in need of legal assistance, visit http://www.divorcelawyerssandiego.com
Joseph Devine
Tags: San Diego child support, San Diego Divorce Attorney, San Diego Divorce Lawyer
Related Posts
