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What Is Child Support and How Is It Calculated?
Table of Contents
Child support is a court-ordered financial obligation that requires a non-custodial parent to contribute to the costs of raising their child or children. The purpose of child support is to ensure that children maintain a standard of living similar to what they would have experienced had the family remained together. Every state in the United States has its own child support guidelines established by law, and these guidelines are designed to provide a fair and consistent framework for calculating support obligations.
Child support payments typically cover a child's basic needs, including housing, food, clothing, education, and healthcare. The obligation generally continues until the child reaches the age of majority (18 in most states, though some states extend support to 19 or 21, particularly if the child is still in school). In some cases, support may continue longer if the child has special needs or disabilities.
Both parents have a legal obligation to financially support their children, regardless of marital status. Whether the parents were married, divorced, separated, or never married, child support ensures that the financial responsibility for raising children is shared appropriately. The amount of child support is typically determined by state guidelines that consider the parents' incomes, the number of children, and various other factors such as healthcare costs, childcare expenses, and the amount of time each parent spends with the child.
Who Pays Child Support?
In most cases, the non-custodial parent (the parent who does not have primary physical custody) pays child support to the custodial parent (the parent who has primary physical custody). However, in shared or joint custody arrangements, the higher-earning parent may still be required to pay some support to ensure the child's needs are met equally in both households. Some states use a formula that accounts for the time each parent spends with the child, adjusting the support obligation accordingly.
It is important to understand that child support is the right of the child, not the custodial parent. Courts have broad discretion to set and enforce child support orders, and these orders are legally binding. Failure to pay court-ordered child support can result in serious legal consequences, including wage garnishment, license suspension, and even incarceration.
Income Shares vs. Percentage of Income: Child Support Models Explained
The United States does not have a single federal formula for calculating child support. Instead, each state has adopted its own guidelines, which generally follow one of two primary calculation models: the Income Shares Model or the Percentage of Income Model. Understanding which model your state uses is the first step in estimating your potential child support obligation.
Income Shares Model
Combines both parents' incomes to determine the total child support obligation, then divides it proportionally based on each parent's share of the combined income.
- Based on economic research of what intact families spend on children
- Both parents' incomes are considered
- Obligation is proportional to income
- Adjustments for healthcare, childcare, and parenting time
- Used by: CA, NY, FL, IL, OH, PA, GA, NC, MI, and most other states
Percentage of Income Model
Applies a fixed percentage to the non-custodial parent's income based on the number of children. The custodial parent's income is generally not factored into the calculation.
- Simpler calculation based on one parent's income
- Fixed percentages vary by number of children
- Typically: 20% for 1 child, 25% for 2, 30% for 3
- Some states use net income, others use gross
- Used by: TX, WI, MS, ND, and several other states
How the Income Shares Model Works
The Income Shares Model is based on the principle that a child should receive the same proportion of parental income as they would have if the family remained intact. This model was developed using economic research by Thomas Espenshade and other economists who studied household expenditure data to determine how much families at different income levels typically spend on their children.
Under this model, the calculation follows these general steps:
- Determine each parent's gross monthly income from all sources, including wages, salaries, commissions, bonuses, self-employment income, investment income, and certain government benefits.
- Calculate the combined gross monthly income by adding both parents' incomes together.
- Look up the basic child support obligation using a schedule or table provided by the state, based on the combined income and number of children. These tables are derived from economic data on child-rearing costs.
- Calculate each parent's share of the obligation proportionally. For example, if the non-custodial parent earns 60% of the combined income, they are responsible for 60% of the total child support obligation.
- Add adjustments for healthcare premiums, childcare costs, and extraordinary expenses, divided proportionally between the parents.
- Apply parenting time credits if the non-custodial parent has the child for a significant number of overnights per year (typically more than 90-110 overnights, depending on the state).
How the Percentage of Income Model Works
The Percentage of Income Model is more straightforward. It calculates child support as a fixed percentage of the non-custodial parent's income, with the percentage increasing based on the number of children. This model does not consider the custodial parent's income in most states that use it.
States using this model typically apply the following approximate percentages:
- 1 child: approximately 17-20% of the non-custodial parent's income
- 2 children: approximately 25-28% of income
- 3 children: approximately 29-33% of income
- 4 children: approximately 31-35% of income
- 5 or more children: approximately 35-40% of income
These percentages vary by state. Some states apply the percentage to gross income (before taxes), while others use net income (after taxes and certain deductions). The exact percentages and whether gross or net income is used are established by each state's child support statute.
Hybrid and Melson Models
A few states, notably Delaware, Hawaii, and Montana, use the Melson Formula, which is a more detailed variation of the Income Shares Model. The Melson Formula first ensures that each parent can meet their own basic needs through a self-support reserve, then calculates the child's basic needs, and finally allocates any additional income to provide the child with a share of any additional resources. This approach is designed to ensure that neither parent is reduced to poverty while still providing adequate support for the child.
Child Support Calculation Model by State
The following table shows which calculation model each state uses for child support. Use this information along with our calculator above to understand how your state determines child support obligations. Click on any state in the calculator above to see specific calculation details.
| State | Model | Key Notes |
|---|
Factors Courts Consider When Determining Child Support
While state guidelines provide a baseline calculation, courts have the authority to deviate from the guidelines when circumstances warrant it. Family law judges consider a wide range of factors to ensure that the final child support amount is fair and in the best interest of the child.
Income and Earning Capacity
Courts examine both parents' actual income as well as their earning capacity. If a parent is voluntarily underemployed or unemployed, the court may impute income based on what they could reasonably earn.
Custody and Parenting Time
The amount of time each parent spends with the child directly affects support calculations. More overnights with the non-custodial parent typically reduces the support obligation in most states.
Healthcare and Medical Needs
Health insurance premiums for the children, uninsured medical expenses, dental and vision care, and any special medical needs are factored into calculations. Courts typically assign a portion of these costs to each parent.
Childcare and Education
Work-related childcare costs, private school tuition, tutoring, and extracurricular activities may be included in the support calculation. Some states treat these as add-ons to the basic support obligation.
Other Children
If either parent has other children from a different relationship, courts may consider those existing child support obligations or the financial needs of those children when calculating the current support order.
Standard of Living
Courts consider the standard of living the child would have enjoyed had the family remained intact. In high-income cases, this can result in support amounts significantly above the basic guidelines.
Additional Factors That May Influence Child Support
Beyond the primary factors listed above, courts may also consider:
- The child's age: Older children generally cost more to support, and some states adjust guidelines for teenagers.
- Special needs: Children with disabilities or chronic health conditions may require additional support beyond the guideline amount.
- Travel expenses: If parents live far apart, the cost of transporting the child between households may be factored in.
- Tax implications: Which parent claims the child as a dependent can affect the financial outcome for both parties.
- Prior agreements: Prenuptial or separation agreements may address child support, though courts are not bound by these agreements if they are not in the child's best interest.
- Assets and debts: While child support is primarily income-based, courts may consider significant assets (such as property, investments, or trusts) or debts when determining ability to pay.
- Cost of living differences: If parents live in areas with significantly different costs of living, courts may adjust support amounts accordingly.
Judicial Discretion and Deviation from Guidelines
It is important to understand that child support guidelines are precisely that — guidelines. While most states use them as a rebuttable presumption (meaning the guideline amount is assumed to be correct), judges have the authority to deviate from the guidelines when the circumstances of a particular case warrant it. Common reasons for deviation include extreme income situations (either very high or very low), the child's extraordinary needs, or evidence that strict application of the guidelines would be unjust.
When a judge deviates from the guidelines, they are typically required to make findings on the record explaining why the deviation serves the best interests of the child. This provides both parents with an understanding of the court's reasoning and a basis for appeal if they disagree with the decision.
How to Modify a Child Support Order
Life circumstances change, and child support orders can be modified to reflect those changes. Both custodial and non-custodial parents have the right to request a modification of an existing child support order when a substantial change in circumstances has occurred.
Common Grounds for Modification
- Significant change in income: A job loss, demotion, career change, or substantial raise can justify a modification. Most states require a change of 10-25% in income or a change that would result in at least a 10-20% change in the support amount.
- Change in employment status: Involuntary job loss, disability, retirement, or incarceration may warrant a reduction in support. Note that voluntary unemployment or underemployment may not be grounds for reduction.
- Change in custody arrangement: If the child's primary residence changes or parenting time is substantially modified, support should be recalculated.
- Change in the child's needs: New medical conditions, educational requirements, or extracurricular activities may increase the amount of support needed.
- Change in childcare or healthcare costs: If these expenses increase or decrease significantly, modification may be appropriate.
- Change in the number of children: If a child ages out of support or a parent has additional children, this can affect the calculation.
- Cost of living adjustments: Some states provide for automatic cost-of-living adjustments (COLA), while others require a formal modification request.
The Modification Process
To modify a child support order, you generally need to:
- File a motion with the court that issued the original order, requesting a modification and explaining the changed circumstances.
- Provide documentation supporting the change, such as pay stubs, tax returns, medical records, or proof of changed custody.
- Attend a hearing where both parents can present evidence and arguments. Some courts offer mediation as an alternative.
- Receive the court's decision, which may approve, deny, or modify the requested change.
Many states also allow parents to request a review of their child support order through the state's child support enforcement agency, which can be less expensive and time-consuming than going through the court system directly. It is critical to note that you should never stop paying child support without a court order, even if your circumstances have changed. Unpaid support continues to accrue as arrears and must be paid regardless of future modifications.
Child Support Enforcement in the United States
The federal government and individual states take child support enforcement seriously. The Office of Child Support Services (OCSS), part of the U.S. Department of Health and Human Services, works with state and local agencies to establish, enforce, and collect child support payments. When a parent fails to meet their child support obligations, a range of enforcement tools are available.
Enforcement Methods
- Income withholding: The most common enforcement method, where child support is automatically deducted from the non-custodial parent's paycheck. Federal law requires all new child support orders to include an income withholding provision.
- Tax refund interception: The Federal Tax Refund Offset Program can intercept federal and state tax refunds to satisfy past-due child support.
- License suspension: States can suspend driver's licenses, professional licenses, and recreational licenses for non-payment.
- Passport denial: If arrears exceed $2,500, the State Department will deny or revoke passport applications.
- Credit reporting: Past-due child support is reported to credit bureaus, negatively affecting the parent's credit score.
- Bank account levies: States can freeze and seize funds from bank accounts to satisfy child support debts.
- Liens on property: Child support liens can be placed on real estate, vehicles, and other assets.
- Contempt of court: Willful non-payment can result in contempt charges, leading to fines, community service, or incarceration.
- Criminal prosecution: Under federal law (the Deadbeat Parents Punishment Act), willful failure to pay support for a child in another state can be a federal crime carrying penalties of up to two years in prison.
Interstate Enforcement
The Uniform Interstate Family Support Act (UIFSA) provides a framework for enforcing child support orders across state lines. If the non-custodial parent moves to a different state, the custodial parent can register the support order in the new state and use that state's enforcement mechanisms. The Full Faith and Credit for Child Support Orders Act (FFCCSOA) requires all states to honor and enforce child support orders from other states.
Frequently Asked Questions About Child Support
Child support in the US is calculated using one of two primary models. The Income Shares Model, used by approximately 38 states, combines both parents' incomes to determine a total child support obligation based on economic data, then divides the obligation proportionally. The Percentage of Income Model, used by about 12 states (including Texas, Wisconsin, and Mississippi), applies a fixed percentage to the non-custodial parent's income based on the number of children. Each state has its own specific guidelines, schedules, and formulas, so calculations can vary significantly from state to state.
The percentage varies by state and calculation model. In states using the Percentage of Income Model (like Texas), common percentages are: approximately 20% for 1 child, 25% for 2 children, 30% for 3 children, 35% for 4 children, and 40% for 5 or more children. In states using the Income Shares Model, the percentage effectively depends on both parents' combined income level and is derived from economic data tables, meaning there is no single fixed percentage. The total obligation as a share of combined income typically ranges from 15-35% depending on income level and number of children.
Yes, child support orders can be modified when there is a substantial change in circumstances. Common qualifying changes include significant increases or decreases in either parent's income, changes in custody arrangements, changes in the child's needs, or changes in healthcare or childcare costs. Most states allow you to request a review every 2-3 years, or at any time if a material change has occurred. To modify an order, you typically file a motion with the court and provide documentation supporting the changed circumstances. You should never stop paying without a court-approved modification.
It depends on which model your state uses. In states using the Income Shares Model (the majority of states), yes, both parents' incomes are considered. The custodial parent's income is combined with the non-custodial parent's income to determine the total support obligation, which is then split proportionally. In states using the Percentage of Income Model (like Texas and Wisconsin), the custodial parent's income is generally not a direct factor in the calculation. The support amount is based solely on the non-custodial parent's income.
In most states, child support continues until the child reaches the age of majority, which is 18 in most states. However, there are important exceptions. Some states extend support to age 19 or 21 if the child is still enrolled in high school or, in some cases, attending college. Child support may also continue indefinitely for children with disabilities who cannot support themselves. Additionally, support may terminate early if the child marries, joins the military, becomes legally emancipated, or is adopted by another adult. Any past-due child support (arrears) remains legally enforceable even after the child ages out.
Failure to pay child support is taken very seriously and can result in significant consequences. Enforcement actions include wage garnishment (automatic paycheck deductions), interception of tax refunds, suspension of driver's and professional licenses, denial of passport applications (for arrears over $2,500), reporting to credit bureaus, bank account seizure, property liens, and ultimately contempt of court proceedings that can lead to fines or jail time. The federal Deadbeat Parents Punishment Act makes willful non-payment of interstate child support a federal crime. Unpaid support accumulates as arrears with interest in many states and must be paid regardless of future modifications.
Yes, in many states, the number of overnights the non-custodial parent has with the child can significantly reduce the child support obligation. This is because the non-custodial parent is directly providing for the child during those periods (food, housing, utilities, etc.). Many states using the Income Shares Model apply a shared parenting adjustment when overnights exceed a threshold, commonly 90-110 overnights per year. The specific adjustment varies by state, but more overnights generally mean lower support payments. Some states use a sliding scale, while others apply a specific formula once the threshold is met.
Our calculator provides a reasonable estimate based on the general guidelines and formulas used by each state. However, actual child support amounts can differ based on many factors that a simplified calculator cannot fully account for, including imputed income, deductions, other dependents, extraordinary medical expenses, and judicial discretion. Each state's official guidelines include detailed schedules and tables that may produce somewhat different results. For the most accurate calculation, we strongly recommend using your state's official child support calculator (available through your state's child support enforcement agency) and consulting with a licensed family law attorney in your jurisdiction.
No. Under current federal tax law, child support payments are neither tax-deductible for the paying parent nor taxable income for the receiving parent. This has been the case for many years and was unchanged by the Tax Cuts and Jobs Act of 2017 (which did change the tax treatment of alimony/spousal support). Child support is considered a non-taxable transfer of funds for the benefit of the child. The parent who claims the child as a dependent for tax purposes (which is typically the custodial parent unless otherwise agreed or ordered) may be eligible for the Child Tax Credit and other tax benefits.
Parents can negotiate and agree on a child support amount outside of court, but the agreement must be approved by a judge to become a legally enforceable court order. Courts will review the agreement to ensure it is in the child's best interest and that the agreed amount is not substantially below what the state guidelines would provide. Many parents use mediation to reach a support agreement, which can be faster and less adversarial than litigation. However, even with an agreement, it is advisable to have the terms formalized through the court to ensure enforceability and to access enforcement mechanisms if needed in the future.
Understanding Child Support Guidelines Across All 50 States
Each state in the United States has developed its own child support guidelines, reflecting local economic conditions, cost of living, and policy priorities. While the federal government provides a framework through the Child Support Enforcement Amendments of 1984 and the Family Support Act of 1988, which require all states to have numerical guidelines, the specific formulas and amounts vary considerably from state to state.
Key Differences Between States
Understanding the differences between state guidelines is important because child support is calculated based on the law of the state where the order is issued, which is typically the state where the child resides. Key differences include:
- Income definition: Some states use gross income (before taxes), while others use net income (after taxes and deductions). What counts as income also varies — some states include overtime, bonuses, and investment income, while others exclude certain types of income.
- Income caps: Some states apply caps on the income considered for child support calculations. For example, Texas caps the income at a specific threshold for guideline purposes.
- Self-support reserve: Many states ensure that the non-custodial parent retains enough income to maintain a basic standard of living after paying support. This prevents support obligations from reducing the paying parent below the poverty level.
- Age of termination: Support duration varies, with most states ending at 18 but some extending to 19, 21, or through college completion.
- Healthcare allocation: States handle healthcare costs differently — some include them in the basic support calculation, while others treat them as an add-on expense divided proportionally.
- Parenting time adjustments: The threshold for shared parenting time adjustments and the formula used for those adjustments differ significantly between states.
Resources for Official State Calculations
While our calculator provides useful estimates, each state offers official resources for more precise calculations. Most state child support enforcement agencies provide free online calculators that use the official guidelines and current schedules. These state-run tools incorporate the latest income tables, adjustment factors, and local rules. We recommend using your state's official calculator for the most accurate results, and consulting with a family law attorney for complex situations involving multiple states, high incomes, or special circumstances.