Children are the most affected by their parents’ divorce. There are laws in place to establish the amount of child support to ease the effect of divorce on children. After deciding on child custody, the court sets a monetary amount to pay for child support.
Your divorce attorney will help you in getting or paying a fair amount of support to help your child have a seamless transition. The support you pay should also be enough for their living expenses. Here are a few factors the court considers when calculating a fair amount be paid in child support, as explained by The Burnham Law Firm, P.C.
Type of Child Custody
The non-custodial parent with physical or sole legal custody pays a higher child support amount compared to joint custody cases. The more time you spend with your child, the higher the amount of support they pay you. Some couples cunningly request 50/50 custody to get more or less child support, but the court practices discretion in these cases.
The Child’s Living Conditions Before Your Divorce
The courts aim for as minimal disruption as possible for your child with the divorce. They hence ensure they can live in the same way as they did before your divorce. The amount of child support paid should be enough to enable your child’s lifestyle not to change.
Cost of Living Adjustment (COLA) Clause
A COLA clause is added to divorce agreements to ensure child support payments are enough with cost of living changes. It increases your payment annually at an equal rate to the cost of living index. It is an important clause that will cushion you against hard financial times.
The status and age of your child affect how much you pay in child support. Some states and divorce agreements allow parents to cut off child support when the child reaches a certain age. Get a good lawyer to help you get or pay a fair settlement for child support.