Monday, January 9, 2012

How do I calculate child support if one parent is designated primary physical custodian?

In a case where one parent has primary physical custody, child support is set pursuant to the non-custodial parent’s gross monthly income (before taxes). The gross monthly income is multiplied by a figure determinative by the amount of children subject of the relationship.
1 child = 18%
2 children = 25%
3 children = 29%
4 children = 31%
Each additional child, an additional 2%
Thereafter, the Court looks to the statutory presumptions and sets child support based upon whichever figure is less (the statutory presumption is multiplied by the amount of children). Please see Hanrattylawgroup.com for current statutory presumptions.
Once child support is determined, the Court can consider several factors (NRS 125B.080(9)) when adjusting the child support upward or downward. The factors for the court to consider are as follows:
  1. The cost of health insurance
  2. The cost of child care
  3. Any special educational needs of the child
  4. The age of the child
  5. The legal responsibility of the parents for support of others
  6. The value of services contributed by either parent
  7. Any public assistance paid to support the child
  8. Any expense reasonably related to the mother’s pregnancy and confinement
  9. The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained
  10. The amount of time the child spends with each parent
  11. Any other necessary expenses for the benefit of the child
  12. The relative income of both parents
Although the statutory presumptions and adjustment factors still apply in joint custody cases, the determination of child support is different.