Child Support

What is a child support modification?

A modification of child support is the process of legally changing the child support amount paid by one parent. A child support modification is necessary when there has been a change in income of either parent or other financial changes in childcare, health insurance, day care costs, etc.

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If I establish paternity, does that mean I can be required to pay child support?

Yes, child support is ordered in every Establishment of Paternity case.

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I’m paying thousands of dollars for my child’s private school tuition. The other parent pays nothing, can I include that on the child support worksheet?

Like childcare costs, you can include tuition costs, but the judge decides whether to include it in the calculation.

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I’m paying $600 per month in childcare, can I include that on child support worksheet?

You can, but the judge does not have to include it in the final child support order. The law gives judges the option of including childcare expenses, but many judges choose not to include them.

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I want to include our child who is in college on the worksheet. Can I do that?

No. Child support is for minor children (under 18) only. There is an exception for when child has such severe disabilities that the child is unable to support themselves.

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I get a bonus every year at work. Does this count as income?

Yes, if the yearly bonus is listed on your W-2 or K-1, it is considered income.

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I work full-time, but then I also work 10 hours a week at another job. Will the income from my second job count?

Most likely not. The Guidelines are clear that we don’t require parents to have an “extraordinary work regimen” in order to pay child support. In those instances, the Court generally only counts income from your first job although the second job may count if the Court finds that money was historically earned.

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The other parent just had a child with their new spouse. Will that affect what child support I receive?

It will. The other parent gets a credit for children they financially provide for from other relationships.

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We have equal parenting time. Will child support still be ordered?

Yes, Child Support must be ordered by the Court, even if the ordered amount is $0.

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How do I determine the number of parenting time days?

The simplest way to do it is by the number of nights they spend at the home of the non-primary parent. For example, if the schedule says Father gets every other weekend from Friday night to Sunday night plus two weeks of vacation each year. Then Father is getting two days every other weekend (as there are 52 weeks in a year, he gets 26 two-day weekends for a total of 52 days) plus the two-week vacation, which adds 14 days (but we presume two of those days would have been counted as his anyway, so we only add on 12 days). He gets a total of 64 days.

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How do I figure out how much I am paying for my child’s medical insurance?

Your employer or insurance company will be able to give you a copy of the plan premiums. Take the total cost of the monthly premiums with the children on it and deduct the cost of your monthly premium (and any other members on your plan) and that will be the amount you pay in medical insurance.

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