When you’re a custodial parent, you have the responsibility of making sure your children are taken care of and supported. This can be a stressful and confusing time for you, but there are some things that can help alleviate your anxiety.
Child Support and Custody
Several states use a formula to determine how much child support you must pay the non-custodial parent. In most cases, the formula is based on the income of both parents. However, in a few states, the amount of support you must pay depends on how much time you spend with your child(ren).
The most common way to determine how much child support you have to pay is by using an income shares model. This model looks at your income, the other parent’s income, and some types of taxes to figure out how much you should pay.
In most cases, this method will make you responsible for paying one-third of the other parent’s income to him or her. For example, if you earn $50,000 and the other parent earns $100,000, your share of the support obligation will be $3,125.
Some states calculate the amount of support you must pay by taking your income and subtracting certain types of taxes, such as Social Security and unemployment insurance benefits. Other states, including New York, take into account the amount of time you spend with your child(ren) to determine how much you should pay.
Effect of Child Support on Custody
In some situations, the court may order you to pay support even though you don’t have custody or decision-making power. For instance, if your ex-spouse moves in with you, you can be ordered to pay them support unless you have an agreement that says you don’t have to.
There are also some cases in which you can negotiate with your ex-spouse to avoid having to pay support for certain things, such as if the other parent tries to quit his or her job. If you agree to this, it will probably be in writing and enforceable in court.
You can also ask the court to change the amount of child support you must pay if your situation changes. This is particularly useful if you move to a different city or state and your ex-spouse doesn’t have as much money available for the kids.
The courts have a lot of discretion to modify child support amounts, and some judges have more flexibility than others. For example, the court may reduce or increase your support payments if your ex-spouse gets a better job.
Some states have a percentage of income model, which means that the non-custodial parent must pay a specific amount of his or her income to the custodial parent. Other states don’t have this model and instead use a formula that looks at the combined income of both parents to determine how much each parent should pay in support.
If you think your ex-spouse is trying to get out of paying you child support, it’s important to speak with a Miami-Dade County family attorneys as soon as possible. This will give you the opportunity to work with your lawyer to find a solution that works for both of you.