Family Law Blog

When Child Support Deviates From the Formula

Friday, September 28, 2018

When it comes to child support, the award isn't just a random guess on how much financial support a parent receives. Instead, judges will use a specific formula to decide how much child support is awarded. This means that in many cases you can sit down with your lawyer and do a pretty close calculation on what sort of child support you will be entitled to or need to pay. However, there are some deviations to the formula that can affect it. These deviations include:

  • Special Needs - If your child has special needs, then the expenses of their care may be far greater than other children. This means that costs due to their disability will need to be factored in.
  • Extraordinary Expenses - Similar to special needs considerations, if your child has any medical, psychological, or educational needs, this may cause a deviation. For example, if your child is accepted to a gifted program, that may merit a deviation.
  • Sufficient Debt - This doesn't have anything to do with the child at all. If you parted with your spouse and share a sufficient amount of debt, this can affect child support payments. Obviously, if you have to care for a child and pay your share of joint debt, it can affect how the child is cared for.
  • Time Spent - As the ex-spouse paying child support, spending more time with the child may lower the payment necessary for child support. Obviously, if you are watching the child while the other parent is at work, this should and does lower your financial obligation.

If you are going through a divorce with children and would like to learn more about the whole process, contact us today to see what we can do for you. It is a difficult time, but the Law Office of Jamra & Jamra can help.