How are child support payments determined

Paying child support in New Jersey is important, as it is throughout the nation. To comply with the Federal Child Support Enforcement Act, each state has created a system to determine how much child support will be paid by the noncustodial parent.

Every state has different specifics, but the central focus of child support determination is similar in most states. A child support dispute involves the examination of the noncustodial parent’s income and expenses, his or her ability to pay, the needs of the child and the custodial parent’s income and expenses. By looking at all of these factors, as well as others, judges decide on the monthly payments that a noncustodial parent will be required to make.

In some states, this determination is made by an equation. The equation considers the earnings and expenses of each parent as submitted by the parents at the time that the court makes its request, analyzes the numbers and then produces a rough estimate of the child support that should be paid. Some of the states that implement this approach consider this number as a suggested amount. Math cannot account for unexpected circumstances surrounding each child support case.

With this in mind, some may be unable to pay the custodial parent the amount suggested by this equation. Others may refuse to pay. Those who refuse to pay can have their wages garnished, their belongings repossessed and can even face jail time. Many state governments make a point to apprehend parents that openly choose not to pay their required child support.

Source: The Downey Patriot, “How do courts calculate child support?,” Steve Lopez, Aug. 26, 2011