Alphaghost, I explained how child support is calculated in another thread. Do you have a specific state in mind that you want us to address? I'm assuming you're from New York from your info, so here it is:
Calculation of child support can get complicated, and varies from state to state. As bible belt mentioned, courts don't give a flying fvck about your expenses. They may not even care about your income. What they care about is your imputed income, or what they think you should be making. Generally, courts will look at either your income on your last income tax assessment, or they will average out the last three years. If the other side's lawyer can convince a judge that you're intentionally making less then you should be, then an amount of income may be imputed to you. I'm a licensed attorney in the U.S. and Canada but i work mostly in Canada where the support payments are based on a chart which outlines how much you should give for child support based on your income, and usually this amount is approximately 10% of your gross income, which turns out to be approximately 25% of your after-tax income. Remember, this is for one child, and the amount gradually increases for every child you have after that. If you make more than 150k per year, then the court will order you to pay a percentage of anything over that, currently this is 0.74% for the first child, again gradually increasing for each kid you have. The chart is based on a variety of economic factors and research that has been done by the government based on what the average needs are of children.
In New York, as another example, it's a bit more complicated, and is calculated by multiplying the "combined parental income" by the appropriate "child support percentage." "Income" is defined as "gross income as was or should have been reported on the most recent federal income tax return" less deductions for things like social security and New York City income taxes.
The "child support percentage" is fixed at:
a)17% of the combined parental income for one child;
b)25% of the combined parental income for two children;
c)29% of the combined parental income for three children;
d)31% of the combined parental income for four children; and
e)no less than 35% of the combined parental income for five or more children.
Where the combined parental income exceeds $80,000 per year, the court has the discretion to depart from the child support guideline percentages as to those portions of income that are in excess of $80,000.
So, let's put it in simpler terms: Let's suppose, a mother, with an income of $30,000 after social security and New York City taxes , is the custodial parent of two kids. The dad's income is $50,000 after social security and New York City taxes..
The couple’s combined annual income is $80,000. Since there are two children, the applicable guideline percentage is 25% or $20,000 per year. The father’s share of the child support payment is 5/8 of $20,000 or $12,500 per year or $1,042 per month.
Where the combined parental income exceeds $80,000 per year, the court once again has discretion to depart from the child support percentages as to those portions of income that are in excess of $80,000.
In addition to ordering the payment of child support, the Court can order the non-custodial parent to pay his share of the children's un-reimbursed health care expenses, the child care expenses when the custodial parent is working or attending school, the children’s educational expenses, as well as the costs of extra-curricular activities.
Sound complicated? It's not that bad, but you should still think long and hard before you marry any girl.
