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How Is The Amount Of Child
Support Determined? Federal guidelines
must be followed when a court sets the amount of
child support payments. Most states now use
formulas that fit within these guidelines. The
guidelines prevent payment orders from varying
widely from jurisdiction to jurisdiction or court to
court.
What Factors Do Child Support Formulas
Consider?
Factors included in the formulas include the
amount of time a parent spends with the child, the
number of children involved and the lifestyle the
parents and children have become accustomed to and
parental net income and net worth. Special
circumstances are also taken into consideration,
such as unusual medical expenses, special
educational needs, extraordinary travel expenses
incurred for visitation or other unusual
circumstances that might affect the welfare of the
child or children. Because of the complexity
of the computation, it is advised to have legal
representation to insure that all factors are
considered fairly.
How Long Must Child Support Continue?
Child support generally continues through the
child's high school years. Some States extend
payments beyond those years or may specify until the
child reaches his/her 18th birth day. Child
support can also be terminated in the event of the
child's death, enlistment in the armed services or
if the child becomes self supporting.
What Are The Tax Consequences Of Child
Support?
Unlike alimony payments, child support payments
are not tax deductible to the parent making the
payments nor are they taxable to the parent
receiving the payments.
If A Paying Parent's Income Decreases Can
Child Support Payments Be Lowered?
If the child support paying parent has a
significant change in income an agreement can be
made between the parents to reduce or temporarily
suspend child support payments. This agreement
should be in writing and negotiated with the aid of
legal advice.
If a suitable payment adjustment cannot be worked
out between the parents, the paying parent can
petition the court to modify the support order for
future support payments.
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