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Setting the amount of child support in a divorce proceeding

Child support laws help determine the amount to award as child support, the judge will consider all relevant facts, including any special needs of the child, the income and earning capacity of the parents, the age of the child, any other support responsibilities of the parent, and the time each parent spends with the child.

Each state has written "guidelines" that the judge will use to determine the appropriate amount of child support. The factors may vary from state to state, as may the weight given to any particular factor. Unless there are unusual factors involved, the amount set out in the guidelines will normally be the amount of child support ordered by the court.

Modification of child support

If circumstances change, the judge may modify the child support award. Unlike spousal support, the parties cannot make their own agreement saying that a child support order is "non-modifiable."

What factors will a judge consider regarding child support?

The parent asking for modification of the child custody amount in a divorce proceeding must show changed circumstances, such as increased or decreased needs of the child, increased or decreased income, obligations because of a subsequent marriage, changed custody arrangements, or any other factor which the judge feels is appropriate to take into account under the guidelines established by the particular state. If you have questions about child support laws, contact a family law attorney in your area.