Basically, there are three ways the child support can be determined: 1. By the Guidelines to Determine the Child Support; 2. By admitting financial capacity; 3. Agreement between parents and approved by the judge.
The most common way to determine child support amount is by the Guidelines to Determine Child Support from the Child Support Administration (ASUME). These Guidelines provide a mathematical formula to determine the “basic” and the “supplemental” child support amounts that will be required from the noncustodial parent. The “basic” portion of child support amount is based solely in the net income of the noncustodial parent and the amount and age of children he or she is obligated to support. The “supplemental” portion of the child support amount is determined by a mathematical formula from the net income of both parents (family income) and the minor’s financial and medical needs.
The net income will be the gross income minus the following deductions: Social Security and Medicare contributions, state and federal income tax, retirement plans, union fees, health and life insurance (if the minor is a beneficiary). The minor’s financial and medical needs include: health insurance, housing, education expenses such as school tuition, books, uniforms, school transportation. Also, if the child has any special needs such as: physical therapy, health related matters, glasses, orthodontics, etc.; these expenses will be added as well.
ASUME and the court require both parents to submit a detailed statement of their income and expenses. This information should be provided in a document entitled “Personal and Financial Information Form” (PFIF) which needs to be notarized and accompanied by supporting evidence. When filling out the PFIF the individual needs to be cautious about not exceeding the expenses versus the income. I always recommend my clients to have an attorney to review the PFIF before submitting it to the court or ASUME.
We have helped several individuals during child support proceedings. Contact our office for a free consultation (787) 647-5549 or by email iris@albizulaw.com. You can also visit our website www.albizulaw.com for more information.
