How much do they take for child support

How much is child support?

If you’re preparing for divorce, you’re probably wondering – “How much is child support?”

If you’re preparing for divorce or merely curious, you want to understand how child support is calculated. You might be surprised by the amount deducted from your paycheck. You may also wonder what a reasonable cost is for monthly payments, and which parent spends the most.

We have answers to those questions here.

The court will consult the child support guidelines for their state to determine your child support obligation before making an official support order. Like any average, there are quite a few variables. Parents who are in a lower income bracket might not have enough gross income for paying child support, while others who are more well-off end up paying a higher monthly amount. Every state calculation takes into account your total monthly net resources.

Parent’s Pro-Rata Share

How much child support you pay also takes into account whether you are the non-custodial parent, how much income the other parent makes compared to you, and other factors such as whether you or the other parent will provide health insurance coverage for the children, and who will pay for educational expenses and other child care expenses.

The general rule is that the child support obligation is shared by both parents in proportion to their incomes, but there are a lot of other factors that go into how much each parent will actually pay.

Custodial Parent’s Income

In some cases, the custodial parent’s income can be imputed (or assumed) for child support purposes. This usually happens when the custodial parent is not working or is not working to their full potential. The court will look at factors like education and work history to determine how much gross income the custodial parent could be earning, and base child support on that amount.

Other Factors Affecting Child Support

There are other factors that might affect how much child support you pay, such as whether you have other children to support, whether you are paying spousal support (alimony), and your personal expenses. Some states also factor in the cost of living in each parent’s household when determining how much child support to award in a court order.

Example Child Support Calculation

In our example, the court starts by determining your “adjusted” gross income – this is your total income minus deductions for state taxes and business expenses – and multiplies it by the guideline percentage for the number of children involved.

For example: if your yearly salary is $15,000 and you have one child, you would be paying 17% of your income per year in child support–this comes out monthly to $212.50 or annually as $2,550.

Average Child Support Order

We have seen according to the 2010 Census Bureau Reports, the average monthly child support payment is $430. Again, this is just an average of the monthly amount of child support payments across the United States and should only be used as an estimate. Your situation is unique, and the amount the court determines will depend on your circumstances and financial resources.

To get a more accurate estimate of how much you might owe in child support, speak with an experienced family law attorney in your state. They will be familiar with how child support is calculated where you live and can help ensure you are paying (or receiving) the appropriate amount of support for your children.

If you’re interested in an estimate of what your support payments should be, use our child support calculator.

And for more information on how you can better understand the child support laws and regulations in your state, visit our state resources section.

Monthly Child Support Calculator | Office of the Attorney General

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This calculator provides an estimate for a single source of income. The actual amount set or approved by the court may differ.

Income

The person paying support is:

an employeeself-employed

Income Frequency:

YearlyMonthlySemi-MonthlyBi-WeeklyWeeklyHourly

Amount:

Deductions

Medical Support

If you are providing (or can provide) health insurance for your children, enter the monthly premium amount.

Dental Support

If you are providing (or can provide) dental insurance for your children, enter the monthly premium amount.

Union Dues

If you are a member of a union and make regular payments to be a member of the union, enter the monthly dues amount.

State Income Tax

If you work or reside in a state where a state income tax is assessed against your income, enter the monthly amount.

Support Order Determination

Children in this Action

Enter the number of children under age 18 in the child support order.

Children outside this Action

Enter the number of other children for whom you have a legal duty to support.

Support Order Calculations

Monthly Gross Income

Monthly OASDI, Medicare, and Federal Taxes

Monthly OASDI Taxes

Monthly Medicare Taxes

Monthly Federal Income Taxes

Monthly Income

Other Deductions

Medical Support Deduction

Dental Support Deduction

Union Dues Deduction

State Income Tax Deduction

Net Resources

Low-Income Child Support Guidelines Percentage:
Texas Family Code Sec. 154.125 Low-Income Child Support Guidelines are used in actions filed on or after 9/1/2021

Projected Monthly Child Support Obligation for net resources up to $9,200

**The Guidelines for the support of a child are specifically designed to apply to monthly net resources not greater than $9,200. This calculator does not calculate support in excess of the $9,200 net resource amount per Texas Family Code Sec. 154.125(a).

Who is obliged to pay alimony and in what amount? - Lawyer in Samara and Moscow

Alimony must be paid by the following persons: parents; able-bodied adult children; spouses, including former ones; other family members (under certain conditions).

1. Parents

Parents are required to support their minor children (clause 1, article 80 of the RF IC).

At the same time, even if a parent is disabled, limited in parental rights due to health reasons, the law does not provide for any exceptions regarding the fulfillment of this obligation for him (Question 18 of the Information of the Ministry of Justice of Russia dated 07/20/2015).

Parents must pay maintenance:

- for minor children;

- to children left without their care;

- disabled adult children who need help.

Alimony in favor of minor children can be paid on the basis of an agreement certified by a notary. In this case, the amount of alimony is determined at the discretion of the parties, but it cannot be less than the amount that can be recovered by the court.

If an agreement on the payment of alimony for minor children has not been concluded, they can be collected in court. The amount of alimony to be paid monthly will be determined by the court. As a general rule, the amount of alimony is: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents. However, taking into account the financial, marital status of the parties and other circumstances, such as disability, disability, the child's entrepreneurial activity, the court may increase or decrease the size of these shares.

In certain cases, when the collection of alimony as a percentage of earnings is impossible, the court may establish alimony in a fixed amount (Articles 80, 81, 83, 99, 100 of the RF IC).

The amount of alimony is established by the court, taking into account the alimony collected from the debtor on the basis of a court decision (court order) for other minor children (clause 1 of Section III of the Review of Judicial Practice, approved by the Presidium of the Supreme Court of the Russian Federation on May 13, 2015).

Alimony for children left without parental care is collected only through the courts. The court determines the amount of alimony in the same manner as the amount of alimony for minor children. They are paid to the guardian or guardian of the child, his adoptive parents, or transferred to the account of the organization in which the child is located (educational institution, medical organization, social service organization, etc. ) (Article 84 of the RF IC).

Child support for disabled adult children who need assistance can be obtained on the basis of a notarized child support agreement. In it, the parties at their discretion determine their size. If there is no agreement, then alimony can be collected through the court. In this case, their size in a fixed amount of money is established by the court based on the financial and marital status of the parties, as well as other circumstances. When collecting alimony for such children, the amount of alimony determined within the established limits to earnings and (or) other income is not applied (Article 85 of the RF IC).

Please note!

To resolve a legal dispute, you may need qualified legal assistance from a specialist, the cost of which, depending on the complexity of the case, the amount of the claim and other factors, may be significant. In the case of representing your interests in court, a notarized power of attorney for a representative may be required (Articles 185, 185. 1 of the Civil Code of the Russian Federation; Part 2 of Article 53 of the Code of Civil Procedure of the Russian Federation).

2. Able-bodied adult children

They are obliged to support their disabled parents who need help. The exception is parents who are deprived of parental rights. They don't need to pay child support.

In addition, if the parents shied away from their duties, then when the parents apply to the court with a claim for the recovery of alimony, adult children have the right to ask the court to refuse to award alimony.

There is no minimum amount of maintenance for disabled parents.

If maintenance is paid on the basis of an agreement between a parent and a child, certified by a notary, then their amount is set in the agreement. In this case, the parties to the agreement determine the amount of alimony independently.

If an agreement on the payment of alimony has not been concluded, then alimony can be collected from the child through the courts. He will establish the amount of alimony in a fixed amount of money, which will have to be paid monthly, taking into account all the circumstances of the case, including taking into account the financial and marital status of parents and children (Article 87 of the RF IC).

3. Spouses, including ex-spouses

Spouses or former spouses may enter into an agreement on the payment of alimony, which must be certified by a notary. In this case, the amount of alimony is determined in the agreement at the discretion of the parties.

If such an agreement has not been concluded, then the following persons are entitled to demand from the spouse or former spouse the payment of alimony in court (clause 2 of article 89, clause 1 of article 90 of the RF IC):

- wife or ex-wife during the period pregnancy and within three years from the date of birth of a common child;

- a needy spouse or ex-spouse who takes care of a common disabled child until he reaches 18 years of age or for a common child - a disabled child of group I;

- an incapacitated needy spouse;

- a disabled needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of its dissolution;

- a needy ex-spouse who has reached retirement age no later than five years after the dissolution of the marriage, if the spouses have been married for a long time.

To pay child support, a spouse or former spouse must have the means to do so.

There is no minimum amount of alimony paid by a spouse or former spouse.

The court determines their amount in a fixed amount of money based on the financial and marital status of the spouses (former spouses) and other interests of the parties that deserve attention.

It should be noted that spouses are or were persons whose marriage was registered in the registry office (clause 2, article 10 of the RF IC).

4. Other family members who may be obligated to pay alimony, and the conditions for such payment (Articles 93-98 of the RF IC)

4.1. Able-bodied adult brothers and sisters may be payers of alimony to the following persons:

- to minor brothers and sisters, provided that they are unable to receive maintenance from their parents;

- disabled adult brothers and sisters, provided that they are unable to receive maintenance from their able-bodied adult children, spouses (former spouses) or parents.

4.2. Grandparents may be payers of alimony to the following persons:

- minor grandchildren, provided that they are unable to receive maintenance from their parents;

- disabled adult grandchildren, provided that they are unable to receive maintenance from their spouses (former spouses) or from their parents.

The consideration of these requirements is carried out in the order of action proceedings, since the plaintiff must prove that the child does not have the opportunity to receive maintenance from the parents, he needs material assistance, and the specified category of relatives has the necessary means for this (paragraph 4 of Section V of the Review of Judicial Practice, approved by the Presidium of the Supreme Court of the Russian Federation on May 13, 2015).

4.3. Able-bodied adult grandchildren may be payers of alimony to the following persons:

disabled grandparents in need of assistance, provided that they are unable to receive maintenance from their adult able-bodied children or from spouses (former spouses).

4.4. Able-bodied adult pupils (except those who were under guardianship or guardianship, as well as being raised in foster families) may be payers of alimony to the following persons:

disabled persons who carried out the actual upbringing and maintenance of pupils until they reach the age of 18, provided that they are not able to receive maintenance from their adult able-bodied children or from spouses (former spouses).

4.5. Able-bodied adult stepsons and stepdaughters may be payers of alimony to the following persons:

disabled stepfather and stepmother, provided that they are unable to receive maintenance from their adult able-bodied children or spouses (former spouses).

These citizens can pay alimony on the basis of an agreement on the payment of alimony, certified by a notary. In this case, the amount of alimony is determined at the discretion of the parties and is prescribed in the agreement.

If there is no such agreement, you must go to court to collect child support.

To pay child support, all of the payers listed above must have the means to do so.

There is no minimum amount of alimony paid by the family members listed above.

The amount of alimony is determined by the court, taking into account the financial and marital status of the alimony payer and recipient, as well as other circumstances. Alimony is set in a fixed amount of money and paid monthly.

Please note!

Alimony received is not subject to personal income tax (clause 5, article 217 of the Tax Code of the Russian Federation).

In addition, if a parent pays child support, he has the right to receive a tax deduction for personal income tax for children (subclause 4, clause 1, article 218 of the Tax Code of the Russian Federation).

Remember, at any stage of a family dispute, the Legal Center for Family Affairs of Attorney Anatoly Antonov is ready to provide you with legal support. Call us by phone in Samara + 7 (846) 212-99-71 right now and sign up for a consultation at a convenient time for you.

Legal Center for Family Affairs of Attorney Anatoly Antonov provides the following legal services on the payment of alimony for minor children, as well as other family members:

• legal advice;
• drawing up an agreement on the payment of alimony;
• drawing up a statement of claim for the issuance of a court order;
• preparation of a statement of claim for the recovery of alimony and attachments to it, as well as filing it with the court;
• preparation of objections regarding claims for the recovery of alimony, for a reduction in the amount of alimony;
• familiarization with the materials of the case on the recovery of alimony, on the reduction of the amount of alimony;
• participation in court hearings (possibly without the presence of the principal) for the recovery of alimony;
• obtaining a court decision on the recovery of alimony;
• appeal against the decision of the court in a higher instance.

The original article is taken here

Date of relevance of the material: 01/04/2016

Amount of maintenance for one child \ Acts, samples, forms, contracts \ ConsultantPlus

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Open the document court decisions for 2020: Article 120 "Termination of maintenance obligations" of the RF IC
(R. B. Kasenov) As the court pointed out, by virtue of paragraph 2 of Art. 120 of the Family Code of the Russian Federation, the payment of alimony, collected in court, stops when the child reaches the age of majority or in the event that minor children acquire full legal capacity before they reach the age of majority. In the case under consideration, one of the two children of the plaintiff, for the maintenance of which alimony was payable, had reached the age of majority. Thus, alimony for the maintenance of one child was subject to withholding, however, the bailiff-executor calculated the amount of alimony based on 1/3 of the plaintiff's earnings, which is not based on the law.