Child Support

In almost every case, the amount of child support paid by one spouse to the other is determined by the Child Support Guideline. The guideline is based on a complicated formula. Computer programs are used to calculate child support pursuant to the guideline.

Complexity aside, the formula used to determine child support is essentially based on the respective income of the parties along with the percentage of time that each parent spends with the children respectively. Once these variables are entered into the computer program, along with other variables which vary from case to case and tend not to have as much of an effect, a child support figure is generated.

Assuming that child support is to be paid, it will generally continue until the child becomes 18, unless the child has not graduated from high school, in which case the child support continues until the child has graduated high school or becomes 19, whichever occurs first.

Paternity actions involve parties who have a child or children together but who are not married. Paternity actions usually involve the issue of child custody and visitation, along with the issue of child support. The rules that govern the issues of child custody/visitation and child support in a paternity action are the same as those which govern the same issues in a dissolution of marriage (i.e. divorce).

Do not make the mistake of giving less importance to a paternity action as compared to a divorce or you will regret it both financially and emotionally. Similarly, always obtain DNA testing as soon as possible to be certain that an 18 year support obligation, which is both financial and emotional, is based on the reality of parenthood.