Child support is an award in a dissolution, legal separation, annulment, or
paternity proceeding for the care, support, and education of any child of a marriage or
other parties. Payment of college expenses for a child is generally not assumed to be a
part of the obligation to pay child support. Child support is paid until the last minor child
no longer fits the statutory definition of "child." Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
Alabama has enacted child support guidelines which are contained in rule 32,
Alabama Rules of Judicial Administration. There shall be a rebuttable presumption, in
any judicial or administrative proceeding for the establishment or modification of child
support, that the amount of the child support award which would result from the
application of the guidelines is the correct amount of child support to be awarded. The
court may deviate from the guidelines for limited reasons stated in rule 32. The court
must make a written finding on the record indicating that the application of the guidelines
would be unjust or inappropriate under the particular circumstances. The basic child
support obligation shall be determined by using the guidelines. The combined incomes
of both parents are considered. A total child support obligation is determined by adding
the basic child support obligation, work-related child care costs, and health insurance
costs. The total child support obligation shall be divided between the parents in
proportion to their adjusted gross incomes. The obligation of each parent is then
computed by multiplying the total child support obligation by each parent�s percentage
share of their combined adjusted gross income. The custodial parent shall be presumed
to spend his or her share directly on the child. In addition to the recommended child
support order, the court may make additional awards for extraordinary medical, dental,
and educational expenses if: 1) the parties have agreed in writing to such awards; or
2) the court determines that such awards are in the best interest of the children
and the court states its reasons for making the additional awards of support.
Rule 32, Alabama Rules of Judicial Administration.
Child Support normally terminates upon the child reaching the age of majority
which is eighteen years old; however, the Alabama courts have carved out two
exceptions to this rule. First, the court can order payment of child support past age
nineteen for a child who is incapable of self-support. Secondly, the court may require
the parents to provide child support past the age of majority in order to help pay for
college education. An application for educational support must be made prior to the time
the child reaches the age of nineteen. In considering whether to order the parents to
provide support for college education past age nineteen, the court considers all relevant
factors including, primarily, the financial resources of the parents and the child and the
child�s commitment to an aptitude for their requested education. The court may also
consider the standard of living that the child would have enjoyed if the marriage had not
been dissolved and the child�s relationship with his or her parents and responsiveness to
parental advice and guidance. Alabama Code 30-3-1.
ALASKA
The age of majority in Alaska is 18. Child support is payable to age 18 or
graduation from high school or equivalent, whichever comes later. The general legal
standard the court applies to award child support is that the order for child support be
�just and proper� for the parties to contribute toward the nurture and education of the
children. This standard, contained in the statutes, has been interpreted and expanded
by Rule 90.3, Alaska Rules of Court. This rule establishes child support guidelines to
enable courts to determine what is a �just and proper� contribution by parents for child
support. Rule 90.3 states that a child support award in a case in which one parent is
awarded sole or primary physical custody will be calculated as an amount equal to the
adjusted annual income of the non-custodial parent multiplied by a percentage specified
in the Rule. Child support in a case in which the parents are awarded shared physical
custody is also provided for in Rule 90.3. Child support is to be paid in 12 equal monthly
installments unless shared custody is based on the obligor parent having physical
custody for periods of 30 consecutive days or more, in which case the total annual award
will be paid in equal installments over those months in which the obligor parent does not
have physical custody. The court may vary the child support award as calculated under
the guideline amount for good cause upon proof by clear and convincing evidence that
manifest injustice would result if the support award suggested by the guidelines is not
changed. The court must specify in writing the reasons supporting deviation from the
guidelines.
AS 25.24.160(a)(1) and Rule 90.3, Alaska Rules of Court.
ARIZONA
The court may order one or both parents to pay an amount reasonable and
necessary for support of the children of the marriage, without regard to marital
misconduct. The amount of child support is based upon child support guidelines
established by the Arizona Supreme Court. The amount resulting from the application of
these guidelines shall be the amount of child support ordered unless the court makes a
written Finding that application of the guidelines would be inappropriate or unjust in a
particular case.
Child support is payable until a child turns 18, the age of majority, or completes
high school or a certified high school equivalency program, whichever comes later.
The court shall presume, in absence of contrary testimony, that a non-custodial
parent is capable of full-time employment at least at the federal adult minimum wage.
ARS �25-320.
ARKANSAS
The court shall make such orders for child support as are reasonable from the
circumstances of the parties and the nature of the case. In determining a reasonable
amount of child support, the court shall refer to the most recent revision of the family
support chart (child support guidelines). It shall be a rebuttable presumption that the
amount contained in the family support chart is the correct amount of child support to be
awarded. The presumption can only be rebutted by the court�s written finding or specific
finding on the record that the application of the support chart would be unjust or
inappropriate, as determined under established criteria set forth in the family support
chart.
When the court provides for child support payments, the court in its
discretion
may require the person ordered to make the payments to furnish and file with the clerk of
court a bond or to post security or to give some other guarantee in such amount and with
such sureties as the court shall direct. All orders requiring payment of money for child
support shall direct the payments to be made to the clerk of court, unless the court, in its
discretion, decides otherwise.
Prior to any court hearing at which child support is an issue, the parties are
required to complete and exchange the Affidavit of Financial Means.
Ark. stat. Ann. 9-12-312, and Guidelines for Child Support Enforcement, found in
Appendix to Arkansas Court Rules.
CALIFORNIA
Under California law, the father and mother of a minor child have an equal
responsibility to support their child in a manner suitable to the child�s circumstances. The
duty of support continues as to an unmarried child who has attained the age of 18 years,
is a full time high school student, and who is not self-supporting, until the time the child
completes the 12th grade or attains the age of 18 years, whichever occurs first. In any
proceeding where the support of a minor child is at issue, the court may order
one or
both parents to pay an amount necessary for the support of the child. The amount of
child support is determined by the court after reference to statewide uniform child
support guidelines. The amount of support calculated from the guideline is intended to
be correct in all cases and only under special circumstances may the court deviate from
the guidelines. The guideline takes into account the income of both parents. Children
should share in the standard of living of both parents. Child support
may therefore,
appropriately improve the standard of living of the custodial household to improve the
lives of the children. It is presumed that a parent having primary physical responsibility
for the children contributes a significant portion of available resources for the support of
the children. The amount of child support established by the guideline formula is
presumed to be the correct amount of support to be ordered by the court. This
presumption may be rebutted by evidence showing that application of the formula would
be unjust or inappropriate in the particular case. For additional child support, the court
may order payment of child care costs, uninsured healthcare costs, educational and
other special needs of minor children, and travel expenses for visitation.
Cal. Fam. Code �3900, 3901, 4001, 4053, 4055, 4057, and 4062.
COLORADO
The court may order one or both parents owing a duty of support to a child to
pay an amount reasonable or necessary for support, without regard to marital
misconduct, after considering all relevant factors including: 1) the financial resources of
the child; 2) the financial resources of the custodial parent; 3) the standard of living the
child would have enjoyed had the marriage not been dissolved; 4) the physical and
emotional condition of the child and his or her education needs; and 5) the financial resources
and needs of the non-custodial parent.
Child support is payable until a child attains the age of 19. However, the court
can order payment of educational expenses for a child past age 19, and continuing until
the child�s 21st birthday or his receiving an undergraduate degree, whichever comes
first. Educational support for children past age 19 includes only tuition, books, and fees.
Room and board, clothing, etc., are not included in educational support. The court may
not order simultaneous payment of both child support and educational support for the
same child. If the court finds that it is appropriate for the parents to contribute to the
costs of a program of post-secondary education, then the court shall terminate child
support and enter an order requiring both parents to contribute a sum determined to be
reasonable for the educational expenses of the child, taking into account the resources
of each parent and the child. In determining the amount of each parent�s contribution to
the costs of a program of post-secondary education for a child, the court shall be limited
to an amount not to exceed the amount calculated under the child support guidelines for
the number of children receiving post-secondary education. The amount of contribution
which each parent is ordered to pay for educational expenses shall be subtracted from
the amount of each parent�s gross income, for the purpose of calculating basic child
support for any remaining children. The court may order the parties to seek mediation to
determine contribution of the parties for post-secondary educational expenses. If the
child resides in the home of one parent while attending school, the court may order
payments from one parent to the other for room and board until the child attains the age
of 19.
The amount of child support shall be determined by reference to the child support
guidelines. It is a rebuttable presumption that the amount calculated by use of the
guidelines is the proper amount for child support. Courts may deviate from the
guidelines where the results would be inequitable, unjust, or inappropriate. Any such
deviation shall be accompanied by written findings by the court specifying the reasons
for the deviation.
Upon request of the non-custodial parent, the court may order the custodial
parent to submit an annual update of financial information using the approved
standardized child support guideline forms, including information on the actual expenses
relating to the children for whom support has been ordered. The court may order the
non-custodial parent to pay the costs involved in preparing an update to the financial
information.
Utilizing the child support guidelines, the court determines a total child support
obligation, for both parents, by adding each parent�s respective obligations for the basic
child support, plus work-related child care, extraordinary medical expenses, and other
adjustments. The custodial parent is presumed to spend his or her total child support
obligation directly on the children. The non-custodial parent shall owe his or her total
child support obligation as child support to the custodial parent, less any payments made
directly on behalf of the children for child care, medical expenses, or other approved
adjustments.
CRSA �14-10-115.
CONNECTICUT
In Connecticut, child support is payable until a child completes high school or
reaches the age of 19, whichever occurs first. The amount of child support is within the
discretion of the court. The factors considered by the court are: the age, health,
occupation, earning capacity, amount and sources of income, vocational skills and
employability of each of the parents; and the age, health, etc., and needs of the child.
C.G.S.A. �46b-84.
In establishing the amount of child support, the court must consider the child
support guidelines. There is a rebuttable presumption that the amount of child support
which results from the application of the guidelines is the appropriate amount of support
or appropriate payment on any past due child support arrearages. However, the trial
court retains the discretion to make a determination that application of the guidelines
would be inequitable or inappropriate in a particular case. C.G.S.A �46b-215b.
DELAWARE
In all proceedings requesting relief in the form of child support, the parties are
required to provide the court with financial information by submitting a form called the
�Rule 16(a) Financial Report.� The parties shall also meet with a court mediator to
identify disputed issues and to attempt to settle all unresolved issues on an interim or a
permanent basis. No trial in the action shall be scheduled until the completion of the
mediation process.
In order to provide a uniform, equitable approach in applying Delaware law to all
child support cases, the court shall consider the following information for the persons
being ordered to pay support: 1) monthly net income; 2) the absolute minimum amount
of income the party must retain to function at maximum productivity; 3) the number of
dependents of the party in an effort to apportion the amount available for support as
equally as possible between or among the dependents according to their respective
needs; 4) the primary needs of child support and the party�s primary support obligation;
5) available net income after meeting their own primary needs and those of dependents;
and 6) a consideration of the other factors required by the child support statutes
including the relative financial circumstances, noting income and earning capacity, of
the parties; the manner of living to which the parties have been accustomed when
they were living under the same roof; and the general equities inherent in the
situation. The procedure followed by the Delaware Family Court in deciding child
support is known as the �Melson Formula.� If the court does not follow the Melson
Formula, then it must state its' written reasons why application of the Melson Formula
would not be appropriate or fair under the circumstances of the case.
Child support is payable for a child until the child turns 18 or graduates from high
school, whichever comes later, but no later than age 19.
13 DCA �514 and Rules 16 and 52, Family Court Civil Rules. FLORIDA
The Florida court may order one or both parents to pay child support in
accordance with the Florida Child Support Guidelines. Child support is payable until a
child turns the age of 18 or through graduation from high school, whichever comes later,
or until the child marries or is otherwise emancipated. The amount of support calculated
from the child support guidelines is presumed to be the correct amount of support to be
ordered by the court. However, the court, after considering all relevant factors including
the needs of the children, age, stage in life, standard of living, and financial status and
ability of each parent, may order payment of child support which varies, plus or minus
5%, from the guideline amount. If the court deviates from the guideline amount, the
court must make written findings explaining why ordering the guideline amount would be
unjust or inappropriate under all the circumstances.
A parent with a support obligation may have other children living with him who
were born or adopted after the entry of the support obligation. The existence of such
subsequent children should not, as a general rule, be considered by the court as a basis
for deviating from the amount of support calculated pursuant to the guidelines. If the
parent with a support obligation raises the existence of subsequent children as a
justification for deviation from the guidelines, then the court shall consider the income of
the other parent of the subsequent children in determining whether or not there is a basis
for deviation.
Every Petition for child support or for modification of child support shall be
accompanied by an Affidavit which shows the party's gross income, allowable
deductions, and net income, calculated in accordance with the guidelines.
FSA �61.13 and 61.30. GEORGIA
Georgia law requires child support to be paid until a child reaches the age of 18.
Child support may continue after age 18 if the child is still attending secondary school,
but it will not continue beyond age 20. In order to provide the court with financial
information, required in determining the amount of child support, both parties are required
to file Financial Affidavits following the form of the Domestic Relations Financial Affidavit
provided in the court rules. The amount of child support is then calculated pursuant to
the Georgia Child Support Guidelines. There is a rebuttable presumption that the
amount of the support calculated from the guidelines is the correct amount of support to
be ordered by the court. The court may deviate from the support calculated from the
guidelines if application of the guidelines would be unjust or inappropriate in a particular
case. However, the court must make written findings to explain any deviation from the
guidelines and the reason for the deviation must be based upon the presence of one or
more special circumstances as listed in the guidelines.
GC �19-6-15 and Rule 24, Uniform Superior Court Rules. HAWAII
Child support is an award in a divorce case for the care, support, and education
of any child of the marriage. The court shall make orders as appear just and equitable to
compel one or both parties to provide for the support, maintenance, and education of
the children of the parties. In establishing the amounts of child support, the court shall
use the Child Support Guidelines established by the Family Court. The court may order
payments for child support, maintenance, and education of an adult or a minor child. In
those cases where child support payments are to continue due to the adult child�s pursuit
of formal education, three months prior to the adult child�s nineteenth birthday, the
court�s child support agency shall send notice by regular mail to the child and the
custodial parent. The notice shall state that prospective child support will be suspended
unless proof is provided by the custodial parent or adult child, prior to the nineteenth
birthday of the child, that the child is presently enrolled as a full-time student in school or
has been accepted into and plans to attend, as a full time student for the next semester,
a post-high school university, college, or vocational school. If the custodial parent or
adult child fails to provide the requested information, the child support payments may be
automatically suspended by the child support enforcement agency, child support
hearings officer, or the court, upon the child reaching the age of 19 years.
HRS �576D-7 and 580-47. IDAHO
The court may order one or both parents to pay a reasonable amount of child
support until a child is 18 or after 18, if the child is continuing formal education, but no
later than age 19. The amount of child support is determined by the court after
considering all relevant factors which may include the following: 1) the financial
resources of the child; 2) the financial resources and obligations of both custodial and
non-custodial parents; 3) the standard of living the child enjoyed during the
marriage; 4)
the physical and emotional condition and needs of the child and educational
needs; 5)
the availability of medical coverage for the child at reasonable cost; and 6) the actual tax
benefit realized by a party claiming the federal child dependency exemption. The
amount of support calculated pursuant to the Idaho Child Support Guidelines is
presumed to be the correct amount to be ordered by the court, unless the court finds that
application of the guidelines would be unjust or inappropriate. Any deviation from the
guidelines must be based upon factors described in the guidelines, and the court must
explain the deviation in writing or on the record. Prior to any determination of child
support at a hearing or trial, the parties must file an Affidavit Verifying Income and their
calculation of child support from the guidelines on a Child Support Worksheet, on forms
provided by the Clerk of District Court or on forms substantially the same as the court
forms. IC �32-706, 32-706A and Idaho Child Support Guidelines, Rule 6(c) (6) of the
Idaho Rules of Civil Procedure. ILLINOIS
The court may order one or both parents owing a duty of support to a child of
the marriage to pay an amount reasonable and necessary for the child support, without
regard to marital misconduct. The duty of support owed to a minor child includes the
obligation to provide for the reasonable and necessary physical, mental, emotional, and
health needs of the child. The court determines the minimum amount of support by
using the guidelines contained in the child support statute. The guidelines shall be
applied in each case unless the court makes a finding that application of the guidelines
would be inappropriate, after considering the best interest of the child and after
considering the following factors: 1) the financial resources of the
child; 2) the financial
resources and needs of the custodial parent; 3) the standard of living the child would
have enjoyed had the marriage not been dissolved; 4) the physical and emotional
condition of the child and his educational needs; and 5) the financial resources and
needs of the non-custodial parent. If the court deviates from the guidelines, the court�s
Order must state the reasons. Child support terminates when the child reaches the age
of majority, age 18, or is otherwise emancipated, whichever comes first. However,
Illinois law specifically allows the trial court the discretion to order child support paid after
the age of majority in the following circumstances. First, child support can be paid past
the age of majority if the child is mentally or physically disabled and not otherwise
emancipated. Secondly, the court may also make provision for the educational
expenses of the children, even past the age of majority. An application for educational
expenses may be made before or after the child has attained majority. The court has the
discretion to order payment for educational expenses for any period during which the
child is still attending high school, for periods of college education or professional or
other training after graduation from high school. The educational expenses may include,
but shall not be limited to: room, board, dues, tuition, transportation, books, fees,
registration and application costs, medical expenses including medical insurance, dental
expenses, and living expenses during the school year and periods of recess. These
sums may be ordered payable to the child, to either parent, or to the educational
institution, directly or through a special account or trust created for that purpose as the
court sees fit. In making an award of educational expenses past the age of majority, the
court shall consider all relevant factors that appear reasonable and necessary, including:
1) the financial resources of both parents; 2) the standard of living the child would have
enjoyed had the marriage not been dissolved; and 3) the financial resources of the child.
750 ILCS 5/505 and 5/513. INDIANA
Child support is an award in a dissolution, legal separation, annulment, or
paternity proceeding for the care, support, and education of any child of a marriage or
other parties. In any proceeding for the award of child support, there shall be a
rebuttable presumption that the correct amount of child support to be awarded is the
amount which would result from application of the Indiana Child Support Guidelines. The
court can deviate from the guidelines only if application of the guidelines would be unjust
or inappropriate. The court must justify any deviation from the guidelines in its' order,
explaining the deviation in terms of the criteria described in the guidelines.
The child support order may also include, where appropriate, amounts for the
child�s education in elementary, secondary, and at post-secondary schools, taking into
account the child�s aptitude and ability and the ability of the parents to meet these
expenses. A parent�s duty to support a child ends when the child reaches 21 years of
age unless: 1) the child is emancipated prior to reaching 21 years of age, in which case
the child support, except for educational needs, terminates at the time of emancipation;
2) the child is incapacitated, in which case the child support continues during the
incapacity of the child or until further order of the court; or 3) the child is at least 18 years
of age, has not attended a secondary or post-secondary school for the prior four months
and is not enrolled in such a school, and is capable of supporting himself through
employment.
AIC �31-1-11.5-12 and Indiana Child Support Rules and Guidelines. IOWA
Upon every Judgment and Decree of Dissolution of Marriage, the court may order
either parent or both parents to pay an amount reasonable and necessary for supporting
a child. In establishing the amount of support, consideration shall be given to the
responsibility of both parents to support and provide for the welfare of the minor child
and of the child�s need(s), whenever practicable, for a close relationship with both parents.
There shall be a rebuttable presumption that the amount of child support which would
result from the application of the child support guidelines is the correct amount of child
support to be awarded. A variation from the guidelines shall not be considered by a
court without a written finding, based on stated reasons, that the guidelines amount
would be unjust or inappropriate. The court shall also order, as child medical support, a
health benefit plan, if available to either parent at a reasonable cost. The child support
guidelines take into consideration the net monthly income of both the custodial parent
and the non-custodial parent. For court orders entered on or after July 1, 1990, medical
support is not included in the monetary amount of child support.
Child support is normally paid until age 18. However, Iowa law specifically
provides for a payment of child support after age 18 as follows: the court may order child
support to be paid for a child who is between ages 18 and 22 years old if the child is
regularly attending school for a high school diploma or its equivalent, or regularly
attending a course of vocational-technical training, or is in good faith a full-time college
student, or has been accepted for admission to a college and the regular term has not
yet begun. The Court may also order child support to be paid past the age of 18 for a
child of any age who is dependent on the parties because of physical or mental
disability.
ICA Section 598.1.6 and Section 598.21. KANSAS
Child support is an award for the care, support, and education of any child of a
marriage. The amount of child support shall be calculated pursuant to the Kansas Child
Support Guidelines. If child support is an issue in the divorce case, both parties shall file
Affidavits to provide information about their income, expenses, liquid assets, debts, and
other information showing their financial circumstances. The financial information must
be provided to the court on a form called the Domestic Relations Affidavit. The parties
must also serve and file a form called the Child Support Worksheet, as a proposed
calculation of the child support from the guidelines. Both forms are available from the
Clerk of District Court or are found in the Appendix to the Kansas Child Support
Guidelines. There shall be a rebuttable presumption that the amount of support
calculated from the guidelines is the correct amount of support to be ordered by the
court. The court may deviate from the guidelines if it is just or appropriate to do so, but
the courts deviation must be supported in writing and consistent with the criteria
described in the guidelines.
Child support shall be paid for any child until the child is 18 years of age or until
June 30 of the school year during which a child turned 18 if the child is still in high
school. Child support may continue until June 30 of the school year during which the
child turns 19, so long as the child is still a bona fide high school student, and the
parents jointly participated or knowingly acquiesced in the decision which delayed the
child�s completion of high school.
KSA �60-1610(a). KENTUCKY
In a Kentucky proceeding for dissolution of marriage, the court may order
one or both parents to pay an amount reasonable or necessary for support of a minor child,
without regard to marital misconduct, after considering all relevant factors including: 1)
the financial resources of the child; 2) the financial resources of the custodial
parent; 3)
the standard of living the child would have enjoyed had the marriage not been
dissolved;
4) the physical and emotional condition of the child and his educational
needs; and 5) the
financial resources and needs of the non-custodial parent.
The child support guidelines contained in K.R.S. �403.212 shall serve as a
rebuttable presumption for the establishment or modification of an amount of child
support. Courts may deviate from the guidelines where their application would be unjust
or inappropriate. Any deviation shall be accompanied by a written finding or specific
findings on record by the court, specifying the reason for the deviation and basing
the deviation on one or more of the criteria set forth in the guidelines statute. When a
party has defaulted or the court is otherwise presented with insufficient evidence to
determine gross income, the court shall order child support based upon the needs of the
child or the previous standard of living of the child, whichever is greater.
The court shall allocate between the parents, in proportion to their adjusted gross
income, reasonable and necessary child care costs incurred due to employment or
education leading to employment. This is in addition to the amount of support pursuant
to the guidelines.
The court shall order the cost of health care insurance coverage of the child to be
paid by one or both parents of the child, regardless of who has physical custody, if
reasonable and available, under all the circumstances. The cost of extraordinary medical
expenses shall be allocated between the parties in proportion to their adjusted gross
incomes.
K.R.S. �403.211 and 403.212.
Unless otherwise agreed in writing or expressly provided in the dissolution
decree, child support shall end at age 18 unless the child is a high school student. Child
support shall continue while a child is in high school but not beyond completion of the
school year during which the child reaches the age of 19. K.R.S. �403.213. LOUISIANA
Child support is an award of money for the care, support, and education of any
child of the marriage. In determining the amount of child support to be awarded, the
court must consider the needs of the child and the ability of the parents to pay. The
court may also consider the cost of child care, medical expenses, health insurance, and
any extraordinary expenses associated with the child. There shall be a presumption that
the amount of child support calculated pursuant to the Louisiana Child Support
Guidelines is the correct amount of support to be awarded by the court. The court may
deviate from the Guidelines, but only if the deviation is based upon specific criteria
described in the Guidelines, and only if the court explains the basis for the deviation from
the Guidelines, in written findings or in reasons stated orally on the record.
CC Art. 141 and RS 9:315-315.15.
Child support is payable until a child reaches the age of 18, or until the child
ceases to be a full-time student in good standing in a high school, but no later than age
19. RS 9:315.22. MAINE
The court may order either parent or both to pay child support, regardless of fault.
Child support continues until the child turns 18 or until age 19 if the child is still in high
school. An order for child support may include an order for the payment of part or all
medical expenses and other health care expenses of the child. An order for support
must also include a provision requiring an obligated parent to obtain and maintain health
insurance coverage, if it is available to the obligated parent at reasonable cost. Proof of
health insurance coverage must be provided to the other parent within
fifteen (15) days of receipt
of a copy of the court order for support. The amount of support is calculated by
reference to the Maine Child Support Guidelines. 19 MRSA �752(10).
When child support is an issue in the divorce case, the parties shall exchange
and file Affidavits of Income and Assets and Child Support Worksheets and any
supporting
documentation on the forms required by the Supreme Judicial Court. There is a rebuttable
presumption that the parental support obligation derived from the support guidelines is
the proper amount to be awarded by the court for child support. The court may deviate
from the guidelines if it finds that the amount ordered from the guidelines would be
inequitable or unjust due to one or more of the considerations listed in the guidelines. A
party proposing to deviate from the guidelines shall provide the court with written
proposed findings showing that the application of the presumed amount from the
guidelines would be inequitable or unjust. One of the reasons for deviation could be that
the non-primary residential care provider is in fact providing primary residential care for
more than 30% of the time on an annual basis. 19 MRSA �311-320. MARYLAND
The amount of child support ordered by the court is determined by application of
the Maryland Child Support Guidelines. There is a rebuttable presumption that the
amount of child support which would result from the application of the Child Support
Guidelines is the correct amount of child support to be awarded by the court. The
presumption may be rebutted by evidence that the application of the guidelines would be
unjust or inappropriate in a particular case. In determining whether the application of the
guidelines would be unjust or inappropriate, the court may consider the following: 1) the
terms of any existing Property Settlement Agreement or court order, including provisions
for payment of debts, payment of college expenses, the right to occupy the family home
under an agreement, any direct payments made for the benefit of the children required
by agreement, or any other financial consideration set out in an existing Property
Settlement Agreement; and 2) other children in the household of the child support
obligor, where the obligor owes a duty of support for the children and is directly
contributing to expenses for the children. The court shall make written findings or a
statement for the record regarding the reasons for departures from the guidelines.
The basic child support obligation shall be determined in accordance with the
Child Support Guidelines. The basic child support obligation shall be divided between
the parents in proportion to their incomes. If the court is also awarding alimony in the
same case, the amount of alimony awarded shall be considered actual income for the
recipient of the alimony and shall be subtracted from the income of the payer of alimony
before the court determines the amount of a child support award. Child care expenses
incurred on behalf of a child due to employment or job search of either parent shall be
added to the basic obligation and shall be divided between the parents in proportion to
their actual incomes. Upon the expiration of the right to occupy the family home
pursuant to the Property Settlement Agreement of the parties, the court upon request
shall review the child support award.
After determining the child support obligation of each parent pursuant to the
guidelines, the court shall order the non-custodial parent to pay that parent�s total child
support obligation as child support to the custodial parent.
ACM �12-201 to 12-204. MASSACHUSETTS
Child support is an award in a divorce case for the care, support, and education
of any minor child. The amount of child support is calculated pursuant to the
Massachusetts Child Support Guidelines. There shall be a rebuttable presumption that
the amount of child support which would result from the application of the guidelines is
the appropriate amount of child support to be ordered by the court. If, after taking into
consideration the best interests of the child, the court determines that a party has
overcome such presumption, the court shall make specific written findings indicating: 1)
the amount of the order which would result from application of the guidelines; 2) that the
guidelines amount would be unjust or inappropriate under the circumstances; 3) the
specific facts of the case which justify departure from the guidelines; and 4) that such
departure is consistent with the best interest of the child. The court may make
appropriate Orders of Support and Education for any child who has attained age 18, but
who has not attained age 21 and who is still domiciled in a home of a parent and is
principally dependent upon said parent for support. The court may also make
appropriate Orders of Support and Education for any child who has attained age 21 but
who is less than 23, if such child is domiciled in a home of a parent and is principally
dependent upon said parent for support, due to the enrollment of such child in an
educational program, excluding educational costs beyond an undergraduate degree. If
the court is ordering child support to be paid by an obligor, the court shall include in the
support order a requirement that the obligor maintain health insurance coverage in favor
of a child or obtain coverage for the child if the obligor has health insurance coverage on
a group plan available to him through an employer or organization or has other health
coverage available to him at a reasonable cost. ALM 208 �28. MICHIGAN
Child support is an award in a divorce case for the care, support, and education
of any child of the parties. Payment of college expenses is generally not assumed to be
a part of the obligation to pay child support. In Michigan, child support is paid until the
child turns 18 years of age, unless the child is regularly attending high school on a fulltime
basis or residing on a full-time basis with the payee of support or at an institution, in
which case child support may continue until high school graduation but no later than
when the child reaches 19 years and six months. MCLA �552.16a.
The court shall order child support in an amount determined by application of the
child support formula. The court may enter an order that deviates from the formula if the
court determines from the facts of the case that application of the child support
formula would be unjust or inappropriate. If the court deviates from the child support formula, the
court must explain its' reasons in writing or on the record and include: 1) the support
amount determined by application of the child support formula; 2) how the support order
deviates from the child support formula; 3) the value of property or other support which is
being awarded in place of child support payment (if applicable); and 4) the reasons why
application of the child support formula would be unjust or inappropriate in the particular
case.
Each child support order entered by the court shall provide that each party shall
keep the office of the Friend of Court informed of, 1) the name and address of the child
support payer�s current source of income; and 2) a description of health care coverage
that is available to him as a benefit of employment or that is maintained by him. The
judgment shall require that one or both parents obtain or maintain any health care
coverage that is available to them at a reasonable cost for the benefit of the minor
children of the parties.
MCLA �552.16. MINNESOTA
In Minnesota, �child" refers to an individual under 18 years of age; an individual
under age 20 who is still attending secondary school; or an individual who, by reason of
physical or mental condition, is incapable of self-support.
The amount of child support is determined by multiplying the obligor's
(non-custodial parent) net income by the percentage indicated in the
Child Support Guidelines,
the formula contained in Minnesota Statutes �518.551, Subd. 5. In addition to the child
support, pursuant to the guidelines, the court may also order the parties to divide child
care costs in proportion to their net incomes. The court may receive evidence to
determine if the guidelines should be exceeded or modified in a particular case.
However, the statute requires the Child Support Guidelines to be a
"rebuttable presumption" and are to be used in all cases when establishing or modifying child
support. If the court deviates from the guidelines, the court must make written findings
justifying the deviation.
Minn. Stat. �518.54, Subd. 2 and 4, Minn. Stat. �518.551. MISSISSIPPI
Child support is an award in a divorce case for the care, support, and education
of a minor child of the marriage. The amount of child support awarded by the court
should be calculated pursuant to the Mississippi Child Support Guidelines. The court
may deviate from the guidelines if the court believes the amount of support calculated,
pursuant to the guidelines, would be unjust or inappropriate. To justify a deviation from
the guidelines, the court must base the deviation on the criteria described in the
guidelines and must explain the deviation in writing or on the record. There should be a
rebuttable presumption that the amount of support calculated, pursuant to the guidelines,
is the correct amount of support to be awarded by the court.
Regular child support refers to the amount of money which a parent is ordered to
pay for the child�s basic necessary living expenses, namely food, clothing, and shelter.
However, the court may also order a parent to pay for other expenses included in the
care and maintenance of a child. For example, the court may order a parent to pay for
the expenses of college or other advanced education. Child support is payable through
the age of majority, which is age 21 in Mississippi. Therefore, a parent can be ordered to
pay regular child support and education or other support until the child turns 21 or is
otherwise emancipated. MC 93-5-23, 93-11-65, and 43-19-101. MISSOURI
The court may order one or both parties to pay an amount reasonable or
necessary for support of a child, including an award retroactive to the date of filing the
Petition, without regard to marital misconduct, after considering all relevant factors
including: 1) the financial needs and resources of the child; 2) the financial resources
and needs of the parents; 3) the standard of living the child would have enjoyed had the
marriage not been dissolved; and 4) the physical and emotional condition of the child
and his educational needs.
The obligation of the non-custodial parent to make child support payments shall
abate, in whole or in part, for such periods of time in excess of 30 consecutive days that
the custodial parent has voluntarily relinquished physical custody of a child to the
non-custodial parent.
The amount of child support is calculated pursuant to Missouri
Child Support Guidelines. It is a rebuttable presumption that the amount of the child support which
would result from the application of the guidelines is the correct amount of support to be
awarded. To deviate from the amount required by the guidelines, a court must make a
written finding or a specific finding on the record that the application of the guidelines
would be unjust or inappropriate in a particular case, after considering all relevant
factors, including the factors listed in the child support guidelines.
Child support shall be paid until a child reaches age 18 or graduates from high
school, whichever comes later, but no later than age 21. Missouri law provides for child
support past graduation from high school and age 18. If the child is enrolled in
vocational school, junior college, or college not later than October 1st following
graduation from high school and so long as the child continues to attend such institution,
child support shall continue until the child completes his education or reaches age 22,
whichever occurs first.
VAMS �452.340 and VAMR �88.01. MONTANA
The Montana court shall order one or both parents to pay an amount
reasonable or necessary for the child support, without regard to marital misconduct. The
court considers all relevant factors. The court shall determine the child support
obligation by applying the uniform child support guidelines contained in Title 46, chapter
30, Montana Administrative Rules. The amount determined under the guidelines is
presumed to be an adequate and reasonable support award, unless the court finds, by
clear and convincing evidence, that the application of the standards and guidelines is
unjust to the child or to any of the parties, or is inappropriate in that particular case.
Reasons for any deviations from the guidelines must be stated in the court�s written
findings. If the parties agree, in their separation agreement, to an amount of support
which varies from the guidelines, the parties must state their written reasons. Court
findings that vary the guideline amount must include a statement of the amount of
support that would have been ordered under the guidelines.
MCA - 40- 4-204. NEBRASKA
In determining the amount of child support to be paid by a parent, the court shall
consider the earning capacity of each parent, and the Child Support Guidelines
established by the Nebraska Supreme Court. There is a rebuttable presumption that the
amount of child support calculated pursuant to the guidelines is the proper amount to be
ordered by the court. Deviations from the guidelines are permissible under the following
circumstances: 1) when there are extraordinary medical costs of either parent or child; 2)
when there are special needs of a disabled child; 3) if total net income exceeds $8,000
per month, child support for amounts in excess of $8,000 monthly income may be more,
but shall not be less than, the amount which would be computed using the $8,000
monthly income, unless there is another basis for deviating from the guidelines; 4) if
there are children placed in foster care; 5) whenever application of the guidelines would
be unjust or inappropriate under the circumstances of an individual case.
Applications for support or alimony shall be accompanied by a financial affidavit
showing the financial condition of both parties. Required forms for financial statements
may be furnished by the court. Some of the district courts have developed their own
form for the required financial affidavit. The currently used form should always be
obtained from the Clerk of District Court. The financial affidavit must also be supported
by a worksheet, calculating the amount of support from the guidelines.
Reissued Revised Statutes 42-359 and 42-364; Nebraska Child Support Guidelines, Rules of Practice and Procedure in the Nebraska Supreme Court. NEVADA
Child support is an award of money paid for the care, support, and education of
any minor child of the parties. The amount of child support which is calculated pursuant
to the Nevada child support formula is presumed to be the correct amount to be ordered
by the court. The court may deviate from the formula amount, or the parties may agree
to a deviated amount, only if the formula amount is unjust or inappropriate under the
particular circumstances of the case, and if the court states reasons on the record or
makes written findings to support any deviation, based upon the criteria described in the
child support formula. Whenever child support is an issue before the court, both parties
must disclose full information about their income and expenses by providing the court
and each other with a current Affidavit of Financial Condition, on the form required by the
court and available from the clerk of District Court. Child support is payable until a child
reaches 18 or until he is no longer enrolled in high school, but no later than age 19.
NRS 125B.070 and 125B.080. NEW HAMPSHIRE
Child support is an award of money for the care, support, and education of any
child of the parties. There shall be a rebuttable presumption in any proceeding for the
award of child support that the amount of the award should be the amount calculated
from the application of the New Hampshire Child Support Guidelines. The court may
deviate from the guidelines, but only if the application of the guidelines would be unjust
or inappropriate in a particular case, as determined by using the criteria described in the
Child Support Guidelines. Any deviation must be stated by the court in writing or orally
on the record. When considering a request for an original support order or for
modification of an existing support order, the court shall take into account any
stepchildren for which either party may be responsible. If the parties reach an
agreement on the amount of child support which is inconsistent with the amount
calculated by the child support guidelines, the court shall determine whether application
of the guidelines would be inappropriate or unjust and shall enter a written finding or a
specific finding on the record to support any deviation even if the parties have agreed to
it. Child support shall be paid until a child reaches the age of 18 years or completes high
school, whichever is later, or until the child becomes married, becomes a member of the
armed services, or is otherwise emancipated. Whenever child support is an issue before
the court, both parties must file information about their income and assets, in a form
called the Support Affidavit, in a form substantially following the form in Rule 158 of the
Superior Court Rules, or in a form available from the clerk of Superior Court.
RSA 458:35-c; 458-C:1 to 458-C:7; and Rule 158, Superior Court Rules.
Although the normal child support obligation ends at age 18 or graduation from
high school, whichever comes later, the court has the discretion to modify an existing
child support order to require the child support obligor to contribute towards the
expenses of post-high school education. The court may set aside a portion of the
property of the parties in a separate fund or trust for the support, education, and general
welfare of any minor child of the parties. A separate fund or trust may also be
established for a child of the parties, who is 18 years of age or older, if the child is in
college, or for an incompetent child who is 18 years of age or older.
RSA 458:20. NEW JERSEY
Child support is an amount awarded in a divorce case for the care, support, and
education of any minor child of the parties. Whenever child support is an issue, both
parties are required to file a Case Information Statement in the form required by the New
Jersey Rules of Court. The Statement discloses information about the income,
expenses, assets, and liabilities of the parties. The currently used form of the Case
Information Statement should be obtained from the clerk of Superior Court. Both parties
must complete and file this Statement. The amount of child support is calculated
pursuant to the New Jersey Child Support Guidelines. It is presumed that the amount of
child support determined by the application of the guidelines is the correct amount of
support to be ordered by the court. To rebut this presumption, the court must make
written or specific findings on the record to justify why the guideline amount is unjust or
inappropriate, due to the presence of one of the specific considerations described in the
guidelines. A child support guidelines worksheet shall be completed by the judge and
made part of the permanent court file for each child support order. An order for child
support shall provide that child support payments shall be made through the Probation
Division of the county of residence of the person paying child support. Child support
payments are subject to a late interest charge. Child support shall be paid until a child
turns 18 or graduates from high school, whichever comes later. Although not expressly
provided for in the New Jersey statues, the New Jersey courts have required parents to
contribute to children�s college expenses. Factors to be considered by the courts in
determining whether to order a parent to contribute to college expenses include:
whether the parents would have contributed toward the costs of college education if the
parties were still living together and with the children, the background and goals of the
parents, the financial abilities of the parents to contribute to college costs, the
commitment and aptitude of the child, the availability of financial aid, and all other
relevant circumstances. NJSA 2A:34-23; Rule 5:7-4, New Jersey Rules of Court; and New Jersey Child
Support Guidelines, contained in Appendix IX, New Jersey Rules of Court. NEW MEXICO
Child support is an award of money to be paid for the care, support, and
education of any minor children of the parties. The court shall calculate the amount of
the child support award pursuant to the New Mexico Child Support Guidelines. There
shall be a rebuttable presumption that the amount of support calculated, pursuant to the
Guidelines, is the correct amount of support to be ordered by the court. Any decree or
court order that deviates from the guideline amount shall contain a statement of the
reasons for the deviation. The basic child support obligation shall be calculated based
on the combined income of both parents, and shall be paid by them in proportion to their
incomes. Adjustments to the amount of child support may be made for shared custody
situations. Whenever application of the child support guidelines requires a person to pay
more than 40% of his gross income for current child support, there shall be a
presumption of a substantial hardship, justifying a deviation from the guidelines.
�40-4-7, 40-4-11, and 40-4-11.1 NMSA.
All child support orders shall contain a provision for the annual exchange of
financial information by the obligor and obligee upon a written request by either party.
The financial information to be exchanged shall include: 1) federal and state tax returns,
including all schedules, for the year preceding the request; 2) W2 Statements for the
year preceding the request; 3) IRS Form 1099s for the year preceding the request; 4)
work-related daycare statements for the prior year; 5) dependent medical insurance
premiums for the prior year; and 6) wage and payroll statements for four months
preceding the request. For the purposes of the exchange of information, the wages of a
subsequent spouse may be omitted.
�40-4-11.4 NMSA.
A professional or occupational license may be suspended if the license holder
fails to eliminate child support arrearages. A person who submits an application for a
license issued by a board is not eligible for the license if the person is not in compliance
with a judgment and order for child support. The applicant is entitled to notice and a
hearing. A person is not entitled to a renewal of his license from any board if he owes
child support arrearages. The failure of a license holder to pay current child support is
grounds for suspension or revocation of any license. This law, known as the
Preventable Responsibility Act, became effective July 1, 1995.
�40-5A-1 to 40-5A-13 NMSA. NEW YORK
Child support is a sum of money paid pursuant to court order or divorce decree by
one or both parents, for the care, maintenance, and education of any unemancipated
child under the age of 21 years. The court shall make its award for child support
pursuant to the New York child support guidelines. Both parties are obligated to make a
full disclosure of income, expenses, and assets. The court calculates the amount of the
basic child support obligation as follows. First, the court determines the combined
income of both parents. Secondly, the court multiplies the combined parental income, up
to eighty thousand dollars, by the appropriate child support percentage in the guidelines.
The amount of the child support is prorated between the parties in the same proportion
as each parent�s income is to the combined parental income. If the custodial parent is
working, or receiving education which the court determines will lead to employment, and
incurs child care expenses as a result, the court shall determine the amount of
reasonable child care expenses and shall prorate the child care expenses in the same
proportion as each parent�s income is to the combined parental income. The court shall
prorate each parent�s share of future reasonable health care expenses of the child, not
covered by health insurance, in the same proportion as each parent�s income is to the
combined parental income. The court may award educational expenses for minor
children, having regard for the circumstances of the case, of the parties, and of the best
interest of the child. The non-custodial parent shall pay educational expenses as
awarded, in a manner determined by the court, including direct payment to the
educational institution. The court may deviate from the basic child support obligation
determined pursuant to the guidelines only if the child support obligation is unjust or
inappropriate, and the court makes findings of fact which are based upon consideration
of the factors described in the guidelines.
In all divorce actions in which alimony or child support is an issue, there shall be
compulsory financial disclosure by both parties of their respective financial conditions.
Within 20 days after written request, a party shall provide a sworn statement of net
worth. In the event the statement is not demanded, it shall be filed by both parties with
the clerk of court. The statement shall include all income and assets of whatsoever kind
and nature and wherever situated and shall include a list of all assets transferred in any
manner during the preceding three years or during the length of the marriage, whichever
is shorter. However, transfers in the routine course of business may not be specifically
disclosed. Sworn statements of net worth shall be accompanied by a current
representative paycheck stub and the most recently filed state and federal income tax
returns. Domestic Relations Law �236, and 240. NORTH CAROLINA
Child support is an award of money for the care, support, and education of minor
children. Payments ordered for support of a minor child shall be in such amount as to
meet the reasonable needs of the child for health, education, and maintenance, having
due regard to the property, earnings, accustomed standard of living of the child and the
parties, the child care and homemaker contributions of each party, and other facts of the
particular case. The court shall determine the amount of child support payments by
applying the North Carolina Child Support Guidelines. The amount of support calculated
pursuant to the Guidelines is presumed to be the correct amount of support to be
awarded by the court. However, upon request of any party, the court shall hear
evidence, and from the evidence, find the facts relating to the reasonable needs of the
child for support and the relative ability of each parent to provide support. If the court
finds by the greater weight of the evidence that the application of the Guidelines would
not meet or would exceed the reasonable needs of the child, considering the relative
ability of each parent to provide support, or would be otherwise unjust or inappropriate,
the court may vary from the Guidelines. If the court orders an amount of support other
than the amount determined by application of the Guidelines, the court shall make
findings of fact as to the criteria that justify varying from the Guidelines and the basis for
the amount of support actually ordered.
Child support shall terminate when the child reaches the age of 18, except:
1) if the child is otherwise emancipated, payment shall terminate at that time; 2) if the child is
still in primary or secondary school and the child reaches age 18, support payments shall
continue until the child graduates, otherwise ceases to attend school on regular basis,
fails to make satisfactory academic progress towards graduation, or reaches age 20,
whichever comes first, unless the court in its discretion orders that payments cease at
age 18 or prior to high school graduation.
Upon its own motion or upon motion of either party, the court may order that
support payments be made to the clerk of court for remittance to the party entitled to
receive the payments. For child support orders entered on or after January 1, 1994,
child support shall be automatically withheld from the obligor�s wages. Effective July 1,
1996, the Clerk of Superior Court shall transmit child support payments to the
Department of Human Resources, for public assistance cases, and to the custodial
parent in all other cases. Effective July 1, 1996, the Clerk of Court shall have the
responsibility and authority for monitoring the obligor�s compliance with child support
orders and for initiating any enforcement procedures that it considers appropriate. The
Clerk of Court shall maintain any of the records necessary to monitor the obligor�s
compliance with the child support orders, including records showing the amounts and
dates of each payment of child support. Effective July 1, 1996, the parties shall inform
the Clerk of Court of any change in their address. Effective July 1, 1996, when an obligor
fails to make a required child support payment and is in arrears, the
Clerk of Superior
Court shall mail a Notice of Delinquency by regular mail to the last known address of the
obligor. The notice shall set out the amount of child support currently due and shall
demand immediate payment. The notice shall also state that failure to make immediate
payment will result in the issuance by the court of an enforcement order requiring the
obligor to appear before a District Court judge and show cause why the support
obligation should not be enforced by income withholding, contempt of court, revocation
of licensing privileges, or other appropriate means. If the arrears is not paid in full within
21 days after the mailing of the delinquency notice, the clerk shall cause an enforcement
order to be issued and shall issue a notice of hearing before a District Court judge.
The court may order a parent to provide medical support for a child. An order
may require one or both parties to maintain health insurance, dental insurance, or both,
or to pay the medical, hospital, or dental expenses of a minor child.
GS �50-13.4, 13.5, 13.9, and 13.11. NORTH DAKOTA
In North Dakota, child support is payable until a child reaches the age of majority,
which is 18 years old. However, a child support order continues until the end of the
month during which the child is graduated from high school or attains the age of 19
years, whichever occurs first, if 1) the child is enrolled and attending high school and is
18 years of age prior to the date the child is expected to graduate; and 2) the child
resides with the person to whom the duty of support is owed. In order to continue to
receive child support after the age of majority, the person to whom the duty of support is
owed must file an affidavit with the District Court stating that the statutory requirements
are met. A step-parent may be liable, to the extent of his or her ability, to support a
spouse�s children during the marriage and so long thereafter as they remain in the stepparent�s
family. Such liability may be enforced against the step-parent by any person
furnishing necessaries to such children. However, the obligation imposed upon a natural
parent for child support remains intact whether or not a step-parent may also be
obligated to provide support. North Dakota statutes require the Department of Human
Services to establish child support guidelines to assist the courts in determining the
amount that a parent should be expected to contribute towards the support of children.
The courts apply a rebuttable presumption that the amount of child support that would
result from the application of the child support guidelines is the correct amount of child
support. The court may order an amount of child support different from the amount
recommended by the guidelines but only when supported by adequate written findings.
NDCC �14-09-08.2, 14-10-01, 14-09-09, and 14-09-09.7. OHIO
Child support is an award of money for the care, support, and education of any
child of the parties. In Ohio, child support must be awarded pursuant to the Ohio Child
Support Schedule. The court shall award the amount of support calculated pursuant to
the child support schedule, unless the court, after considering the criteria set forth in the
schedule, determines that the amount of support from the schedule would be unjust or
inappropriate and would not be in the best interest of the child. The court must make
written findings of fact to support any deviation from the schedule. Both parties are
required to provide information to the court regarding their incomes and expenses. This
includes an obligation to verify income by providing copies of pay stubs and tax returns.
The judges are required to utilize standard Worksheets to show income and expenses of
both parties and to calculate the standard child support from the Ohio Child Support
Schedule. The trial court must use the child support worksheet in the required form.
ORC 3113.21.5.
Any child support order must include a requirement that one or both of the
parents provide for the health care needs of dependent children. Any support order shall
provide that support payments be paid by automatic income withholding from the
obligor�s wages, and paid through the Child Support Enforcement Agency. Both parents
are required to notify the Child Support Enforcement Agency, in writing, of their current
mailing address and of any change of address in the future.
Child support shall be paid until a child reaches the age of 18, and after age 18
as long as the child continuously attends, on a full-time basis, any recognized and
accredited high school. ORC 3109.05. OKLAHOMA
Child support is an award of money for the care, support, and education of any
minor child of the parties. Except in those cases where the parties are represented by
attorneys and have agreed to a different disposition or award of child support, there shall
be a rebuttable presumption in any judicial or administrative proceeding for the award of
child support that the amount of support which results from application of the Oklahoma
Child Support Guidelines is the correct amount of child support to be ordered by the
court. The court may deviate from the child support pursuant to the Guidelines only
where the Guideline amount is unjust, inequitable, unreasonable, or inappropriate under
the circumstances, or not in the best interest of the children. The court shall not take into
account any step children of such parent in making the determination, but the court may
take into account the reasonable support obligations of either parent as to only nature,
legal, or adopted minor children in the custody of said parent. If the court deviates from
the amount of support calculated pursuant to the Guidelines, the court shall make
specific findings of fact supporting the deviation. All child support shall be computed as
a percentage of the combined gross income of both parents. The child support
obligations of each parent shall be computed and the non-custodial parent�s share shall
be paid monthly to the custodial parent.
The expenses of transportation for visitation shall be determined by the court on
a case-by-case basis and may be allocated in addition to, or as a credit against, the child
support obligation of the payor.
Payment of reasonable and necessary medical, dental, or any other physical or
mental health expenses of the child, not reimbursed by insurance, shall be determined
by the court on a case by case basis and may be allocated in addition to the child
support obligation of the payor as a percentage contribution by each parent towards
future expenses.
If each parent is awarded custody of one or more children, the child support
obligation of each parent shall be computed for each custodial arrangement separately,
using the percentage applicable for the children residing with each parent. The
obligations of each parent shall be compared, and the difference between the obligations
shall be paid to the parent with the smaller obligation, in order to equalize the child
support spent on all of the children. Other minor children of the parties may be taken
into account in determining child support. Adjustments to support may be made because
of periods of extended visitation.
The court may order the person obligated to pay child support to post security,
bond, or other guaranty to ensure the payment of child support. Both parties are obligated to make a full and complete disclosure of their entire
financial status, including income, expenses, assets, and liabilities.
In order to encourage and maximize payment of child support, the Oklahoma
legislature has now authorized the District Courts and the Department of Human
Services to order the revocation or suspension of an occupation, professional, or
business license or the driving privilege of a parent who is in non-compliance with a child
support order for at least 90 days. 43 Okl.St.Ann. �116-120, and �139-139.1. OREGON
Child support is an award for the care, support, and education of any child of the
parties. In ordering child support, the court shall follow the formula established by the
Oregon Child Support Guidelines at ORS 25.270-25.287. The court may, at any time,
require an accounting from the custodial parent to show how child support is being used.
Child support is payable until a child is 18 years of age or older, but no older than age
21, if the child is a student regularly attending high school, community college, college or
university, or regularly attending a course of professional or technical training designed
to fit the child for gainful employment. Child support is not required to be paid for a child
enrolled in an educational course load of less than one-half that determined by the
education facility to constitute �full-time� enrollment. In any contested child support
proceeding, each party must file with the court administrator and serve on the other party
a Uniform Support Affidavit in the form specified by the Uniform Trial Court Rules 8.010.
The parties must also complete and file with the court the child support computation
worksheets, in the form required by the Uniform Trial Court Rules. The forms are
available from the Circuit Court Administrator.
ORS 107.105 and 107.108, and the Uniform Trial Court Rules 8.010 - 8.060. PENNSYLVANIA
Child support is an award of money for the care, support, and education of any
child of the parties. Within 30 days after the complaint for divorce has been filed or
within 30 days after filing of any other court paper in which a party requests child support
or alimony or payment of attorney fees, both parties are required to fully disclose their
income and expenses by filing a form called the Income and Expenses Statement, in the
form required by rule 1910.26, Pennsylvania Rules of Civil Procedure. A copy of the
form currently used by the court should be obtained from the Clerk of
Court in the county
in which the case has been filed. Different counties may use different forms, so you
should always obtain the most current form being used in the county in which the case
has been filed, by obtaining the form from the Clerk of Court.
Child support and spousal support shall be determined and awarded pursuant to
the Pennsylvania support guidelines. The guidelines are based upon the reasonable
needs of the child or spouse seeking support and ability of the obligor to provide support.
The guidelines place primary emphasis on the net incomes and earning capacities of the
parties, with allowable deviations for unusual needs, extraordinary expenses, and other
factors, as require special attention. There shall be a rebuttable presumption that the
amount of the award which would result from application of the guideline is the correct
amount of support to be awarded. To deviate from the guidelines, the court must make
a written finding or specific finding, on the record, that application of the guideline would
be unjust or inappropriate in a particular case. The court�s finding in support of a
divination from the guideline must be based upon the criteria established by the
Pennsylvania Supreme Court as described in the child support guidelines. In addition to
periodic payment of child support, the court may require the obligor pay a designated
percentage of a child�s reasonable and necessary health care expenses. If health care
coverage is available through an obligor or an obligee at no cost as a benefit of
employment, or at a reasonable cost, the court shall order an obligor or obligee to
provide healthcare coverage for a child. Un-reimbursed medical expenses shall be dived
between the parties in proportion to their respective net incomes.
The decree or other child support order shall notify the parties that each is under
a continuing obligation to inform the domestic relations section and all other parties in
writing within seven days of any material change in circumstances relevant to a level of
support, including but not limited to loss or change of income or employment and change
of address. If a party willfully fails to inform the domestic relations section of required
information, the court may find the party to be in contempt of court and may order
appropriate punishment.
The parties are required to make full disclosure of their incomes and expenses.
The parties are required to file with the court, and serve on one another, a form called
the Income and Expense Statement. The form of the Statement must be substantially as
described in rule 1910.26 in the Pennsylvania Rules of Civil Procedures. The form
referred by the court may vary from county to county. Therefore, you should always
obtain the form currently used from the clerk of court for the county which the case is
pending.
Child support is payable until a child reaches the age of 18 or graduates from
high school, which ever comes later. However, in 1993, Pennsylvania passed a law
which allows the court to order one or both parents to provide for the educational costs
for children after the age of 18. The court may order one or both parents to provide
equitably for the educational costs of their child, whether an application for the support is
made before or after the child has reached the age of 18. Responsibility to provide for
post-secondary educational expenses is a shared responsibility between both parents.
An award for post-secondary educational costs may be entered only after the child or
student has made reasonable efforts to apply for scholarships, grants and work-study
assistance. Educational costs include tuition, fees, books, room, board, and other
educational materials. Post-secondary education means an educational or vocational
program provided at a college, university, or other post-secondary vocational, secretarial,
business, or technical school. In determining an award of educational costs, the court
shall consider all relevant factors, including the following: 1) Financial resources of both
parents; 2) financial resources of the student; 3) receipt of educational loans and other
financial assistance by the student; 4) the ability, willingness and desire of the student to
pursue and complete further education ; 5) any willful estrangement between parent and
student, caused by the student, after attaining age of majority; 6) the ability of the
student to contribute to expenses through gainful employment; and 7) any other relevant
factors. Generally, the court shall not order support for educational costs for the student
beyond the student�s twenty-third birthday. However, the court may order support past
age 23 if exceptional circumstances exist.
23 Pa.C.S.A. �4321 - 4325, and 4327; rules 1910.01 - 1910.50, Pennsylvania
Rules of Civil Procedure. RHODE ISLAND
Child support is an award in a divorce proceeding for the care, support, and
education of any child of the parties. The court shall order one or both parents, owing
a duty of support to a child, to pay an amount based upon a formula and guidelines
adopted by the Family Court. If the court believes the amount of support calculated,
pursuant to the guidelines, would be inequitable to the child or either parent, the court
may deviate from the guidelines, but only if based upon the criteria for possible deviation
described in the statute, and only if the court explains its reasoning in the decision, or
orally on the record. If the court deems it necessary or advisable, the court may order
child support and education costs for children attending high school at the time of their
18th birthday and for 90 days after graduation, but in no case beyond their 19th birthday.
Any order for child support shall contain a provision requiring one or both parents to
obtain health insurance coverage for the child when such coverage is available through
employment without cost or at a reasonable cost. GLRI 15-5-16.2. SOUTH CAROLINA
Child support is an amount of money awarded for the care, support, and
education of any minor child of the parties. There is a rebuttable presumption that the
amount of child support which results from application of the South Carolina Child
Support Guidelines is the correct amount of child support to be ordered by the court.
Deviation from the Guidelines is allowed if the court shows that application of the
Guidelines in a particular case would be unjust or inappropriate. To justify any deviation
from the Guidelines, the court shall make specific, written findings of those facts upon
which it bases its conclusion to deviate from the Guidelines. Findings by the court that
rebut the Guidelines must state the amount of support that would have been required
under the Guidelines and include a justification of why the order varies from the
Guidelines. Any order deviating from the Guidelines must show the court�s analysis of
the criteria which could allow a deviation from the Guidelines, as described in the
Guidelines statute. The court may deviate from the Guidelines based on an agreement
between the parties if both parties are represented by attorneys or if, upon a thorough
examination of any party not represented by an attorney, the court determines the party
fully understands the agreement as to child support. The court still has the discretion
and the independent duty to determine if the amount is reasonable and in the best
interest of the child. South Carolina passed legislation in 1995 to enforce compliance
with a child support order by using revocation of any license held by the child support
obligor. License means a certificate, license, permit, registration, or any other
authorization issued by a state entity that allows an individual to engage in a business,
occupation, or profession. License also includes a driver�s license. If a child support
obligor is not in compliance with a court order for support, the obligor�s license must be
revoked unless within 90 days after receiving notice that the order is not being complied
with, the obligor has paid the arrearage owing or has signed a consent agreement for
payment of the arrearage.
1976 Code �20-7-852, �43-5-580, and �20-7-940 to 20-7-948.
Whenever child support is an issue before the court, both parties must file a
current Financial Declaration form, using the current forms available from the clerk of
Family Court. Rule 20, South Carolina Family Court Rules. SOUTH DAKOTA
Under South Dakota law the parents of any child are under a legal duty to
support their children in accordance with the Child Support Guidelines, until the child
attains the age of 18, or until the child attains the age of 19, if he is a full-time student in a
secondary school. Where the parties do not otherwise agree, the court does not have
the power to require parents to support children past age 19. S.D.C.L. 25-5-18.1.
The parents of a child are jointly and severally obligated for the necessary
maintenance, education, and support of the child in accordance with their respective
means. Until established by a court order, the minimum child support obligation of a
parent who fails to furnish support for a child, following a continued absence from the
home, is the obligor�s share of the amount shown in the support guidelines, commencing
on the first day of the absence. For the purposes of this law, �continued absence from
the home,� means that the parent or child is physically absent from the home for a period
of at least 30 consecutive days and that the nature of the absence is due to a severance
of marital and family ties. The amount of child support is established in accordance with
the combined monthly net income of both parents as provided in the child support
schedule. The child support obligation from the schedule shall be divided proportionately
between the parents, based upon their respective net incomes. The share of the
custodial parent is presumed to be spent directly for the benefit of the child. The share of
the non-custodial parent establishes the amount of the child support order. Except in
cases of disability, it shall be presumed for the purposes of determination of child
support that a parent is capable of being employed at the minimum wage and his child
support obligation shall be computed at a rate not less than full-time employment at the
state minimum wage, unless evidence is presented by that parent to rebut this
presumption. Deviation from the child support schedule shall be considered if raised by
either party. Deviation may only be allowed if based upon specific factors and then must
be explained by the court in written findings in the order.
S.D.C.L. 25-7-6.1 to 25-7-6.10. TENNESSEE
Child support is an amount awarded for the care, support, and education of any
minor child of the parties. Whenever child support is an issue in the case, both parties
shall serve and file Financial Affidavits, making full disclosure of their income, expenses,
and assets. The amount of child support to be paid shall be calculated pursuant to the
Tennessee Child Support Guidelines. There shall be a rebuttable presumption that the
amount of support calculated pursuant to the Guidelines is the proper amount to be
awarded by the court. The court can deviate from the Guidelines, but only by making a
written finding that the application of the child support guidelines would be unjust or
inappropriate in a particular case, in order to provide for the best interest of the children
or the equity between the parties. If the court deviates from the Guidelines, the court�s
findings shall state that the application of the Guidelines would be unjust or inappropriate
and shall state the amount of support that would have been ordered under the Child
Support Guidelines and a justification for the variance from the Guidelines. The court
may also order either party to maintain or acquire health insurance covering minor
children, and may order either party to pay all, or each party to pay a proportionate share
of, the health care costs for the children not paid by insurance.
The parties may enter into a written agreement for child support, and the court
may affirm, ratify, and incorporate the agreement into the court�s order. In any such
written agreement, the parties must affirmatively acknowledge that no action by the
parties will be effective to reduce child support after the due date of each payment, and
that they understand that court approval must be obtained before child support can be
reduced, unless such payments are automatically reduced under the terms of the
agreement.
If the full amount of the child support payment is not paid by the fifth day of the
month following the month in which the ordered support is due, the unpaid amount is in
arrears and shall become a judgment for the unpaid amounts and shall accrue interest
from the date of the arrears at the rate of 12% per year. All interest which accumulates
on arrearages shall be considered child support as well. TCA �36-5-101. TEXAS
Child support is an award of money for the care, support, and education of a child
of the parties. The court may order one or both parents to support a child until the
child is 18 years of age or until graduation from high school, whichever occurs later.
However, the obligation to pay child support can terminate earlier if the child is
emancipated by marriage or otherwise. The court may order one or both parents to
support a child past age 18 if the child is disabled. Both parties shall provide the court
and the other party with 1) information sufficient to accurately identify that party�s net
resources and ability to pay child support; and 2) copies of income tax returns for the
past two years, a financial statement, and current pay stubs. The amount of child support
established pursuant to the Texas Child Support Guidelines is presumed to be
reasonable and in the best interest of the child. The court may deviate from the
Guidelines if it finds that the amount of support calculated by the Guidelines is unjust or
inappropriate under the circumstances. To deviate from the Guidelines, the court must
make written findings or a record supporting the decision, and base the decision in terms
of the criteria for deviating from the Guidelines, as described in the Guidelines statute.
The court shall order medical support for minor children, by ordering either party to
maintain health insurance coverage for the children. The court shall allocate between
the parties, according to their circumstances, the reasonable and necessary health care
expenses of the child that are not reimbursed by health insurance. Unless otherwise
ordered by the court, child support shall be paid through the local registry designated to
receive payments from the obligor and transmit them to the obligee.
V.T.C.A., Family Code �154.001-.243.
To enforce payment of child support, the Texas legislature added laws in 1995 to
require a court to suspend business, occupational, professional, or motor vehicle
licenses of an obligor if the obligor has child support arrearages equal to or greater than
the total support due for 90 days, has been provided an opportunity to make payments
toward the child support arrearages, and has failed to comply with the repayment
schedule.
V.T.C.A., Family Code �232.001-.016. UTAH
Utah law gives the court discretion to issue equitable orders regarding child
support. The court shall include the following in every decree of divorce: 1) an order
assigning responsibility for the payment of reasonable and necessary medical and dental
expenses of the dependent children; 2) an order requiring the purchase and
maintenance of appropriate health insurance for the dependent children. Child support
shall be paid by income withholding from the obligor�s income. The court may include an
order assigning financial responsibility for all or a portion of child care expenses,
necessitated by the employment or training of the custodial parent. The court may
determine, if the circumstances are appropriate, that the non-custodial parent may
provide child care for the dependent children, if child care is required by the employment
or training of the custodial parent. The court has continuing jurisdiction to make changes
or new orders for the custody of children and their support, maintenance, health, and
dental care, as is reasonable and necessary.
The amount of child support is determined by applying the statutory child support
guidelines. Both parties are required to prepare and file child support worksheets to
provide the court with the financial information upon which the court will base the child
support award after applying the guidelines. The court shall not enter a final decree of
divorce until the parties have completed the child support worksheets. The amount of
child support from the guidelines is presumed to be the proper amount of child support.
The court can deviate from the guideline amount only where the amount would be unjust
or inappropriate under the facts of the particular case. UCA 30-3-5 and Rule 4-912, Utah Code of Judicial Administration. VERMONT
Child support is an award of money for the care, support and education of any
minor child. Under Vermont law the court can order payment of the �total support
obligation� which means child support in an amount derived from the child support
guidelines, plus costs of child care related to employment or education, plus
extraordinary medical or education expenses for the children. The amount of child
support is calculated pursuant to the Vermont Child Support Guidelines. The guidelines
are based upon the concept that children should receive the same proportion of parental
income after divorce of their parents as they would have received if the parents
continued to live together in one household. The amount of child support determined
under the guideline shall be presumed to be the amount awarded by the court as the
total support obligation of the parents. The total child support obligation shall be divided
between the parents in proportion to their respective available incomes. The custodial
parent shall be presumed to spend his or her share directly on the child. The
non-custodial
parent�s share shall be paid to the custodial parent. The total child support
obligation shall be adjusted if a parent is also responsible for the support of additional
dependents who are not the subject of the support order in question. However, the
adjustment for additional dependents shall not be made to the extent that it would result
in a support order lower than a previously existing support order. When each parent
exercises physical custody for 30% or more of a calendar year, the total child support
obligation shall be increased by 50% to reflect the additional costs of maintaining two
households. The court must order child support at the amount calculated pursuant to the
child support guidelines. However, the court may deviate from the guidelines only if it
finds that application of the guidelines is unfair to the child or to any of the parties, based
upon a consideration of the criteria described in the guidelines. Child support shall be
paid until the child reaches the age of majority, age 18, or terminates secondary
education, whichever is later.
15 VSA Sections 653-659.
Whenever child support is an issue in the case, both parties shall file an
Affidavit
of Income and Assets in the form obtained from the superior court administrator. Failure
to provide the information required in the Affidavit of Income and
Assets shall create a
presumption that the non-complying parent�s gross income is the greater of 1) the gross
income indicated by any available evidence; or 2) 150% of the most recently available
annual average wage for all employment as calculated by the Department of
Employment and Training.
15 VSA Section 662 and Rule 4(g), Vermont Rules for Family Proceedings. VIRGINIA
Child support is an award of money to be paid for the care, support, and
education of any child of the parties. Whenever child support is an issue in the case,
both parties are required to fully disclose to the court, and to each other, all known
information about the income and assets of the parties. The court may require the
parents to file financial statements, disclosing gross income, deductions, and available
net income. If either party has been a recipient of public assistance, or if the Division of
Child Support Enforcement has been involved in the case, the parties are obligated to
put the public agency on notice that a divorce case has been commenced and child
support is an issue in the case. The amount of child support is calculated pursuant to
the Virginia Child Support Guidelines. There should be a rebuttable presumption that the
amount of child support which would result from application of the guidelines is the
correct amount of child support to be ordered by the court. The court may deviate from
the guidelines only if application of the guidelines would be unjust or inappropriate in a
particular case. To deviate from the guidelines, the court must make written findings that
the application would be unjust or inappropriate, in reference to the criteria described in
the Virginia Child Support Guidelines. The court also has the authority to order either
party to provide health insurance coverage for dependent children, if available at a
reasonable cost and if otherwise reasonable under all the circumstances. The court shall
also have the authority to order a party to maintain a life insurance policy on the life of
either party and designate a child of the parties as the beneficiary of all or a portion of
such life insurance for so long as the party has an obligation to pay child support.
CV �20-108.1 and �20-108.2.
Upon the entry of a divorce decree, or at any time after the entry of a divorce
decree, the court may order the child support obligor to give or post some type of
security, to force the obligor to comply with court-ordered child support. Upon failure or
refusal to give the required security, or upon conviction of any party for contempt of court
in failing to pay child support, or for willfully failing or refusing to comply with any other
court order, the court may commit and sentence such party to a local correctional facility
and may assign the party to a work release program or to perform public service work. In
either case, the court�s sentence shall be for a fixed or indeterminate period or until the
further order of the court. However, the maximum commitment or work assignment shall
be 12 months. CV �20-114 and 20-115. WASHINGTON
After considering all relevant factors but without regard to marital misconduct, the
court shall order one or both parents to pay child support for any child of the marriage.
The amount of child support is calculated by applying the child support schedule and
specific guidelines and rules described in RCW �26.19. The parties must provide
financial information to the court on standard forms developed by the Superior Court
administrator. The primary form required from the parties is the �Washington State Child
Support Schedule Worksheet,� which can be obtained from the court administrator and is
also found in the Appendix to RCW �6.19. The child support schedule shall be applied
in each county of the state and in all proceedings to set temporary or permanent child
support. Any deviation from the child support schedule shall be supported by written
findings of fact and should include reasons for any deviation from the standard schedule
and reasons for denial of a party�s request for deviation from the standard calculation.
The worksheets in the form developed by the court administrator shall be completed by
the parties under penalty of perjury and filed in every proceeding in which child support is
determined. The court shall not accept incomplete worksheets or worksheets that vary
from the worksheets developed by the office of the administrator for the courts.
Worksheets shall be attached to the Order, or, if filed separately, shall be initialed or
signed by the judge and filed with the Order.
Neither parent�s total child support obligation may exceed 45% of net income,
except when good cause is shown. Good cause includes, but is not limited to,
substantial wealth, children with daycare expenses, special medical need, education
need, psychological need, and larger families. When combined monthly net income is
less than $600, a support order of not less than $25 per child per month shall be entered
for each parent.
The basic child support obligation derived from the child support schedule shall
be allocated between the parents, based on each parent�s share of the combined
monthly net income. Daycare and special child-rearing expenses, such as tuition and
long-distance transportation costs for visitation purposes, are not included in the child
support schedule. These expenses shall be shared by the parents in the same
proportion as the basic child support obligation. The court may exercise its discretion to
determine the necessity for, and the reasonableness of, all amounts ordered in excess of
the basic child support obligation.
The court may require automatic periodic adjustments or modifications of child
support. The dissolution decree may require automatic adjustments of child support
based upon the child support schedule. Child support is payable until a child is emancipated. A child
is emancipated at age 18, but the court may modify a child support award without a showing of substantial
change of circumstances for the reason that a child is still in high school, and there is a
need to extend child support beyond age 18 in order to complete high school.
The court may order child support past high school graduation in the form of
�postsecondary educational support.� When considering whether to order support for
postsecondary educational expenses, the court shall determine whether the child is in
fact dependent and is relying upon the parents for the reasonable necessities of life.
The court shall exercise its discretion when determining whether and for how long to
award postsecondary educational support, based upon consideration of factors including
the following: age of the child; the child�s needs; the expectation of the parties for their
children when the parents were together; the child�s abilities and aptitudes; the nature of
the postsecondary education sought; and the parents� level of education, standard of
living, and current and future resources. Also to be considered are the amount and type
of support that the child would have been afforded if the parents had stayed together.
Payment of postsecondary educational support is conditioned upon the child being
enrolled in an accredited academic or vocational school, actively pursuing a course of
study within the vocational goals, and being in good academic standing as defined by
the school. Educational support shall be automatically suspended during any periods
the child fails to comply with these conditions. Each parent shall have full and equal
access to postsecondary education records. The court shall not order the payment of
postsecondary educational expenses beyond the child�s 23rd birthday, except for
exceptional circumstances.
RCW �26.09.100, �26.09.170, and Chapter 26.19. WEST VIRGINIA
Child support is an award of money in a divorce case for the care, support, and
education of any minor child of the parties. In any action in which the issue of child
support or alimony is raised, each party is required to provide the opposing party, and file
with the clerk of Circuit Court, a verified Financial Disclosure Form which shall include the
following: 1) a copy of the party�s most recent wage or salary pay
stub, showing gross
pay, deductions, and net pay, both for a normal pay period and for year-to-date earnings;
2) a copy of the party�s income tax returns for the two previous years; 3) a copy of any
financial statement for a party who is self-employed; 4) a copy of any invoices, receipts,
etc., showing the cost of any extraordinary medical expenses, child care, and other
special needs of the child; and 5) a copy of any other document reflecting any other item
to be used in the calculation of child support.
Each party shall also provide the information required to be disclosed, pursuant to
WV Code �48-2-33. The Disclosure form required by this statute must be served on the
opposing party and filed with the clerk of court within 40 days after the Summons and
Complaint were served on the Defendant. The Disclosure form is available from the
clerk of Circuit Court.
There shall be a rebuttable presumption that the amount of child support which
would result from the application of the child support guidelines is the correct amount of
child support to be ordered by the court. The court may deviate from the guidelines only
if application of the guidelines would be unjust or inappropriate in a particular case. Also,
the guidelines shall not be followed where 1) the parties have entered into an agreement
which provides for the custody and support of the minor children, each party understands
the amount of support calculated pursuant to the guidelines, and each party has made a
knowing and intelligent waiver of the guideline amount; or 2) when the child support
award pursuant to the guidelines would be contrary to the best interest of the child, or
contrary to the best interest of the parties. Child support shall be paid by automatic income withholding from the obligor�s
wages and shall be paid through the Office of the Child Support Enforcement Division.
The court shall also provide for medical support for any minor children, by
ordering either parent or both parents to provide health insurance coverage if such
coverage is available to that parent on a group basis through an employer or through an
employee as a union. Based upon the parent�s ability to pay, the court may order either
parent or both to be liable for reasonable and necessary medical care, including
expenses not covered by insurance. Child support shall be paid until a child turns 18.
However, child support may continue past age 18, if the child is unmarried and residing
with a parent and is enrolled as a full-time student in a secondary educational or
vocational program and making substantial progress towards a diploma. However, child
support shall not extend past age 20. Written Property Settlement Agreements between
the parties which obligate payment of child support until age 21 are enforceable, despite
amendment of the statute resulting in the lowering of the age of majority from 21 to 18.
If an existing child support order provides for child support to be paid past age 18 if the
adult child is a full-time college student, and if the order was based upon the prior statute
which provided for support past age 18, the order is still enforceable as an obligation of
the child support obligor, until the order can be modified because of a change in
circumstances or because the child is no longer enrolled in college.
WV Code �48-2-15, 48-2-15a, 48-2-15d, 48-2-33, 48A-2-17, 48A5-1 to 5-3; and
Rule 11, Rules of Practice for Family Law. WISCONSIN
In determining the amount of child support payments, the court may consider all
relevant financial information or other information relevant to the parents� earning
capacity. The court shall generally establish child support payments by using the
percentage standard established by the Department of Health and Social Services
pursuant to Wisconsin Statutes 46.25 (9). However, upon request by a party, the court
has the discretion to modify the amount of child support payments which are determined
by the percentage standard if, after considering all relevant information, the court finds,
by the greater weight of the creditable evidence, that use of the percentage standard is
unfair to the child or to any of the parties. The information considered by the court
includes the financial resources of the child and both parents, spousal maintenance
received by either party, the needs of the parties and the children, the standard of living
of the parties, the desirability that the custodian of the child remain in the home as a fulltime
parent, cost of daycare, extraordinary travel expenses incurred through exercised
custody and visitation rights, the earning capacity of each parent, and any other factors
which the court, in each case, determines are relevant.
Wis. Stat. �767.25 and �46.25. WYOMING
The amount of child support calculated pursuant to the Wyoming Child Support
Guidelines, W.S. 20-6-304, is presumed to be the correct amount of child support to be
awarded in any proceeding to establish or modify temporary or permanent child support
amounts. A court may deviate from the presumptive child support only upon a specific
finding that the application of the presumptive child support would be unjust or
inappropriate in that particular case. Any deviation must be specifically set forth fully in
writing in the child support order or divorce decree. The court may only deviate from the
presumptive child support figure if an analysis of all relevant factors justifies a deviation.
Both parties are required to submit to the court financial affidavits on a form approved by
the Wyoming Supreme Court which fully discloses the financial statutes of the parties to
allow the court to determine the presumed child support from the guidelines. If the
parties reach agreements regarding child support, the parties must submit the financial
affidavit forms to the court. No order or decree establishing child support shall be
entered unless the financial affidavits have been filed with the court. No agreement
which is less than a presumed child support amount shall be approved if any public
assistance funds are being paid on behalf of any of the children. The court may order
the parties to exchange financial information once a year, by regular mail, for the
purpose of updating and modifying the child support order without the need for a court
hearing. The parties shall then use the approved standardized child support forms
approved by the Wyoming Supreme Court to exchange this financial information.
W.S. 20-6-302.
The child support guidelines use the combined net income of both parents to
determine the presumed child support obligation of both parents. That obligation is
divided between the parents in proportion to their net incomes. The non-custodial
parent�s share of the joint child support obligation shall be paid to the custodial parent
through the Clerk of Court.
Unless otherwise ordered by the court, a non-custodial parent can request child
support abatement if the non-custodial parent has custody of the child for more than 14
consecutive days. Child support shall abate by one-half of the daily support obligation
for each day the non-custodial parent has physical custody of the child for whom support
is due. Overnight and weekend visits with the custodial parent shall be disregarded in
computed abatement. Claims and objections to claims for abatement shall be filed with
the clerk of court. The clerk shall notify the court of claims and rejections not resolved,
and the court shall promptly resolve any differences with or without a court hearing and
enter the appropriate order. W.S. 20-6-304.
If an able-bodied parent is unemployed and unable to fulfill his court-ordered child
support obligation, the court may order the obligor to participate in the Wyoming
Opportunities for work program administered by the Department of Family Services.
W.S. 20-2-113. |
