How Does the Court Determine Child Support Payments Above the Cap

Determining the Amount of Child Support

Child support is determined by applying the formula set forth in the Child Support Standards Act. The court will determine the income of each parent up to a cap and then apply a percentage to the parent's combined income. The court has determined that income should be set on the following fixed percentage:

One Child 17%

Two Children 25%

Three Children 29%

Four Children 31%

Five + Children no less than 35%

Independent contractors and self employed parents can create issues for the court when determining their proper income. Self employed parents sometimes pay personal expenses out of their business which can be considered income. Independent contractors do not always have a reliable or steady income year after year. When a parent’s income is unpredictable, it makes a court’s job more difficult, but not impossible.

The Child Support Standards Act, or CSSA, creates a combined annual income cap of $141,000. If your household’s combined income is more than that and you wish for child support to be calculated in a manner that reflects that additional income, you will have to argue that child support should go beyond the cap. In determining whether to calculate additional child support beyond the $141,000 cap and how much, the court can take into consideration:

1. The financial resources of all involved;

2. The special needs and specific health needs of the children;

3. The lifestyle the children would have enjoyed had the parents remained together;

4. Tax impacts;

5. The parents’ contributions to their children’s lives in a non-financial sense;

6. The parents’ educational needs;

7. Income disparity between parents;

8. The child support paying parent’s financial obligations to other children;

9. Large amounts of time or expense spent by the non-custodial parent during visitation which reduces financial obligations on the custodial parent, such as international travel or spending summers with the non-custodial parent; and

10. Other factors a court, in its own discretion, deems to be relevant to making a determination.

Basic child support payments do not apply to add on payments. These add ons are either statutory, such as unreimbursed medical expenses and child care payments so the custodial parent can work, or payments that the parties agree to split, such as private school expenses and extra circular activities.

The parents, with the court’s permission, have a right to deviate from the Child Support Standards Act.

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