During the divorce process, both the child custody agreement and the child support amount will be determined. Parents are often very concerned with how a divorce will affect their children, and these are two of the biggest decisions that will impact the child’s future after the divorce. Deciding custody and visitation will usually impact the calculation of child support, but child support can be more complicated than that.
Every state has their own guidelines for calculating child support, and the judge will use that formula as a jumping off point to determine the amount of child support paid. In Ohio, the formula is determined by the number of children, the gross monthly income of both the custodial and the non-custodial parent, any other child support either parent is paying for other children, the monthly cost of childcare paid and percentage paid by each parent, the cost of health insurance and who is paying, and the amount of alimony. Using an online calculator can help you estimate the calculation, but the formulas can be complicated.
The biggest factor in calculating child support is how much each parent earns. In Ohio, the income of both parents is considered, as well as the expenses that each parent is responsible for covering. Health insurance and childcare costs are heavily factored into determining the amount of child support. The ages of the children are also taken into account, as well as each parent’s living situation. If one parent is sharing household expenses with another adult, that will be factored. Courts will often determine child support payments first before considering alimony.
Whether or not the parent has primary physical custody will make a difference in the amount of child support paid. If the children spend the majority of time in one home, that parent will be considered the custodial parent. If the children split their time equally, the child support amount will reflect this as well. When developing the child custody agreement, parents often will look at how the child custody agreement will impact child support.
There are some instances where the child support may be higher or lower. In some cases, one of the parents will be unable to pay due to job loss or other financial struggles. If the non-custodial parent is struggling, paying child support may be impossible. However, the judge may look at earning potential as well. If the judge believes the parent is purposefully avoiding support by taking low-income positions, support could be calculated based on what the parent could be earning. On the other end, if the non-custodial parent earns a significantly larger amount, they may be ordered to pay an amount that is higher than the guideline, but if the judge feels the amount based on the income is more than needed for the child’s expenses, the judge may lower the amount. In addition, the judge will take the child’s individual needs into account. A child with special needs may require more support.
Navigating a divorce can be complicated when children are involved. Child custody agreements, child support, and everything that goes into those decisions can be very stressful. Speaking with your lawyer about what you can expect during the process can take some of the stress out of the process. If you’re dealing with a situation involving child custody, contact my office today.