State Guidelines
Federal law has mandated that each state must create guidelines to determine the amount of child support to be ordered to a non-custodial parent. This creates consistency within a state. However, the guidelines between states can vary. Usually, the state creates guidelines based on cost of living, expenses, income of both parents and circumstances (such as how many children are involved in the order and remarriage). The guidelines are used to come up with an amount of child support. If both parents agree to the amount, it becomes court enforced. If either parent disagrees, a judge will take a closer look at the situation and determine an amount. Child support is never set in stone. As circumstances change, a parent can petition the court to revisit the issue of child support.
Standard of Living
When a couple undergoes a divorce, child support is usually determined during these court proceedings. The judge will ensure that the child will receive the amount of support that will allow him to keep the same standard of living that he is accustomed to and would continue to receive if the marriage did not end. However, many kids are born out of wedlock, so this factor is not always applicable.
Income
Within all states, income is a great determining factor in child support. The court generally calculates each party's income and how much of the child's expenses each party is responsible for. Most states will order the non-custodial parent to find a job if he is not working to avoid child support.
Cost of Living
Cost of living is usually a factor decided in the guidelines. For example, if you are living in a county with a high cost of living, the guideline will usually generate a higher child support amount to the custodial parent. If the county has low cost of living, the amount will generally be lower.
More Than One Child
Guidelines usually have a predetermined way to figure out support if there is more than one child under the child support order. Usually, an additional percentage of the noncustodial parent's income is allotted for child support with each additional child.
