4 Step Process to Calculating Child Support

Both parents are responsible for supporting the child.  Generally speaking, the amount of the child support obligation is based on the combined net monthly incomes of the parents that is then used in a formula to determine the specific amount. Child support is paid on a monthly basis.

The following is the 4 Step Process to Calculating Child Support:

            Step 1.  Determine Parents’ Monthly Net Income;

            Step 2.  Determine the Basic Child Support Amount;

            Step 3.  Five Adjustments that Can Change the Basic Child Support Amount; and

            Step 4.  When to Ask the Judge to Deviate from the Guidelines.

Below I explain each step of the 4 Step Process to Calculating Child support.

Step 1.  Determine Parents’ Monthly Net Income

Pennsylvania Rules of Civil Procedure is a thick book that has detailed instructions and a formula on how to calculate the amount of child support.  It’s a complicated calculation.  Anyone who tells you different doesn’t understand it.

Just to give you a general idea, the instructions for determining the monthly net income for the mother and the father are 7 pages long.  If the attorney doesn’t take the time to get these figures right, you could be losing a lot of money.  If you’re the person that has to pay, you could be overpaying by a lot.  And if you’re the person that receives the child support, you could be underpaid by a lot.

Step 2.  Determine the Basic Child Support Amount

Once you determined the net monthly income of the mother and father, you combine the income, and look in the column for the number of children that you have, and that column will state the monthly child support payment.

For example, in 2018, if the combined net monthly income is $10,000, and you have two children, then the monthly child support obligation $2,044.  Of that $10,000 in net monthly income, assume that the mother made $8,000 and the father only $2,000.  The father with the lesser income of $2,000 will be paid monthly child support.  The exact amount of that child support is determined by each parent’s percentage share of the $10,000.  In this case, the percentage share is 80/20.  The mother is responsible for 80% of the $2,044 monthly payment and the father is responsible for 20% of the $2,044 monthly payment.  Eighty percent of $2,044 is $1,636, and that is the amount that the mother must pay the father.    As can see, mother doesn’t pay the father the total $2,044 because the father is responsible for 20% of that, or $409.

Remember, that’s only if Step 1 is done properly.  If it’s not, this amount can be way off.

Step 3.  Six Adjustments that Can Change the Basic Child Support Amount

In our example, we just figured out that the total child support obligation is $2,044, mother pays 80% and father 20%.  Great.  Time to move on.  Right?  Not so fast.  The rules state that there are certain expenses, and if they exist, adjust the $2,044 figure upward or downward.  Those expenses are the following:

1. Childcare Expenses;
2. Health Insurance Premiums;
3. Unreimbursed Medical Expenses;
4. Other expenses including, but not limited to private school tuition, summer camps, sports activities and other expenses found to be reasonable by the court;
5. Mortgage Payment.
6. If the payer of child support has custody 40% or more of the time, the payer gets to reduce the monthly child support payment.

Let’s consider one of the adjustments to give you a general idea, childcare expenses.  If the monthly childcare expense for two children is $1,000, then both parents would have to pay their percentage share.  In our example, mother’s share is 80% and father’s share is 20%.  Therefore, mother would have to pay an additional $800 per month and father would have to pay an additional $200 per month.  That’s on top of the $2,044 basic child support amount.  Add to that more expense for health insurance premiums, unreimbursed medical expenses, other expenses for private school and sports activities, and the mortgage adjustment payment.  As you can see, the 5 adjustments can significantly change the basic child support of $2,044 upward or downward depending on the facts and circumstances.

 Step 4.  When to Ask the Judge to Deviate from the Guidelines

Let’s assume that both sides agree the calculation was done right according to the rules.  No dispute.  But even when that happens, the rules allow the court to deviate from that amount.  A deviation can be a higher or lower amount.

To determine if a deviation is appropriate, the court must consider the following 9 factors:

1. unusual needs and unusual fixed obligations;
2. other support obligations of the parties;
3. other income in the household;
4. ages of the children;
5. the relative assets and liabilities of the parties;
6. medical expenses not covered by insurance;
7. standard of living of the parties and their children;
8. in a spousal support or alimony pendente lite case, the duration of the marriage from the date of marriage to the date of final separation; and
9. other relevant and appropriate factors, including the best interests of the child or children.

Therefore, if you think the guideline amount is unfair, and some or all of the 9 factors apply to your particular situation, then the rules allow you to ask for a deviation from the guideline amount.

Don’t Wait to File For Child Support or You Could Lose a Lot of Money

The time for paying child support only goes back to the time you filed for it, and not before that time.  For example, if the court decides the child support amount is $2,100 per month, that’s $25,200 per year.  However, if the spouse should have been paying for child support for the past three years, but you waited three years before you filed for child support, then you would lose $25,200 per year, for the last three years, or $75,600 total.

Doesn’t the Court Protect the Me and Make Sure the Calculation is Done Right?  Nope. 

Our legal system is an adversarial system.  That means your lawyer fights for you, and the other lawyer fights for your ex.  If your lawyer fails to calculate the net monthly income properly, doesn’t use the 6 adjustments when necessary, or fails to ask the court to deviate from the calculation when appropriate, too bad.  You you lose.  The court won’t correct your lawyer and say something like, “hey, your client is entitled to an adjustment and you did not ask for it.”  Won’t happen.

That’s why it’s important to get a lawyer who knows the law so you don’t pay too much or not get what you’re supposed to get.

Sound complicated?  Only because it is.  And that’s why you need a good lawyer to handle your case.

Want Peace of Mind and a Complete Evaluation of Your Case? 

Call (610) 347-5683 NOW or Click HERE to Schedule a Consultation with Chester County Pennsylvania Divorce & Family Law Attorney, Michaelangelo L. Dippolito.  Click HERE to see the attorney’s background.

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