Child Support Basics
Many states calculate child support based on a statutory formula. For example, states like Utah use a child support calculator, while Texas employs a percentage-based system for calculating child support. In other words, your specific child support award or obligation will be determined by your state's laws.
Each parent’s income is relevant in any child support calculation. For example, in Texas, a child support award for one child is typically set at 20% of the obligor parent’s net income. Because child support is calculated using each parent’s income, some parents may hide income to try and reduce or avoid their child support obligation altogether. In these cases, a judge may impute (or assign) income to that parent.
When Will a Judge Impute Income?
Child support is based largely on each parent’s income and earnings. Because of this fact, deadbeat parents may work fewer hours or take a lower-paying jobs to try and reduce child support.
In these cases, a judge will look at a parent’s historical earnings to determine what that parent could and should be earning. If it’s clear that a parent is trying to shirk child support, then a judge will impute income to that parent. Imputing income means that a judge will calculate child support as if that parent is earning more.
How Will a Judge Decide Who Pays Support?
Generally, the noncustodial parent (parent without primary physical custody) will be responsible for paying child support to the other parent. Deciding who pays child support can get a bit more complicated in cases where parents share physical custody of a child. In some split custody cases, neither parent may be ordered to pay child support if the parent’s earnings and time with the child are nearly equal.
Can Marital Status or Gender Affect Child Support?
As mentioned above, a judge will award child support in any case where parents separate, annul their marriage, or divorce. Marital status does not impact child support. Children born to unmarried parents are entitled to financial support just like children who are the product of a marriage. Same-sex marriages and the children born or adopted as part of those unions are also equally protected under the law.
State child support laws do not and cannot lawfully make any distinction between children born in or outside marriages. Each state’s child support guidelines calculate support based on a parent’s income—not whether or not the parent was married. Children are equal under the law regardless of their parents’ status.
Will an Annulment Negate Child Support?
Although annulments legally dissolve a marriage without a divorce, an annulment doesn’t negate the existence of a child. A child is still entitled to financial support. Depending on the laws of your state, an action for child support may need to be brought separately from an annulment proceeding. If after reading this article you have questions specific to your case, contact a local family law attorney for advice.