Article

How Do Judges Decide Support Amount in Child Custody Cases?

Topic: Legal ServicesPublished November 24, 2018
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When parents choose to divorce, then there are plenty of things that they have to figure out, including many issues related to child such as how much child support amount will be required and who is going to pay it. Now, for several parents this can be a complicated aspect of the case, as you or your spouse may not come up to terms or decide what elements should be taken into consideration for calculating the support amount and this is where judges decide the matter. Calculating The Child Support Amount  The first and perhaps the most important consideration is the income of the parent. There are certain instances, where judges take an account of both the parents or only noncustodial parent. Further, the amount of time that the parents get to spend with their child is also a deciding factor. Some of the common aspects used in child custody cases are:
  • Alimony or the child support amount that the parent is going to receive from their previous marriage (if any)
  • Whether a spouse is the biological parent of the child from their previous marriage
  • Which parent stands responsible for paying medical expenses, insurance and associated cost.
  • The age of the children and special requirements that they have
  • Whether the parent of the child is living with someone else or a partner who pays their living expenses.
Most of the courts consider child support to be more essential compared to alimony and thus calculate it first and later the alimony amount is evaluated. A good practice is to hire a specialized CPS attorney who will examine various components of the case and then decide what would be the suitable amount for support. Can Support Be Set Lower or Higher Than State Guidelines? In case of special circumstances, the judges can set the support amount either higher and lower and this is where the services of a lawyer matter. With a reliable family law attorney in fort worth you can prove the following situations:
  • Unable to pay the support amount: If the parent has lost their job or earns less money, then the support amount can be lowered than the state guidelines. However, evidences should be produced at the court so that judges are able to review the circumstances.
 
  • More than what is required: If the parent earns a lot of money, then the judge can be requested to lower the support amount, equivalent to what is required for the regular expenses of the child.
 
  • Interests and special needs of the child: if a child has unusual psychological, educational or medical need, then the support amount would be higher. Also, if the child is actively involved in sports, music or other such activities then the judge can include additional amount for this too.

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