Lewinthal, Sklamberg & Associates
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Child Support, Day Care, Medical and Life Insurance
 

     There is a statutory guideline for child support in this state. The guideline is based on net income which is gross income minus taxes, minus health insurance. There are other expenses that may be deducted such as union dues and mandatory retirement/ERISA contributions, expenses incurred for the production of income and others deductions that are not as common.

     It should be noted that voluntary contributions to retirement plans are not considered proper deductions from net income.

     The statutory guidelines are what is assumed should be paid in any case. There are various grounds for deviating from the guidelines such as if one spouse has so little income that he/she cannot afford to meet the guidelines and meet their living expenses or if the non custodial party makes so much income that it would be a windfall for the children. There is no set income level when a court will deviate from the guidelines.

     The statutory guidelines are

         a. one child 20%

         b. two children 28%

         c. three children 32%

         d. four children 35%

     In addition to the guideline support, the non custodial parent may be ordered to pay for some or all of the medical insurance and non routine medical expenses of the children.. Depending on the non custodial parent?s income compared to the custodial parent's income, the contribution could be anywhere from paying all of the extraordinary medical expenses to paying a percentage based on the net income of the parent compared to the total family net income.

     Day care is also considered an extraordinary expense that the non custodial parent should contribute to. A custodial parent should not be penalized for working by paying all day care expenses in order to work. Typically day care is equally divided but again the court will consider the net income of both parents in determining the apportionment of day care expenses.

    In addition the court will order the non custodial parent to maintain life insurance on his/her life so that money is available to pay for the expenses of the children upon death.

    Child support normally ends at the later of the child turning eighteen or graduating from high school though there are other circumstances that could end it earlier or that rarely occur.

    Support can be ordered for a child who is so disabled that as an adult the child will be incapable of caring for his/her needs.

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