Child Support/Medical Support/Child Care Support

Stating January 1, 2007, a new law changes the method of determining child support to an income shares model.  The new guidelines formula uses both parents' incomes to determine each parent's share of the cost of raising a child.  The State determines these costs with a basic support guidelines table.  The basic support guidelines table uses the approximate costs of raising children.

Under the new law, the term "child support" has three separate components:

•  Basic support (which we used to call child support - it is the dollar amount ordered for the child's
    housing, food, clothing, transportation and education)
•  Child care support
•  Medical support

Instead of determining support based on only the obligor's net income, the new guidelines use both parents' monthly gross income to determine basic support.  Each parent's monthly gross income is reduced by the amount of spousal maintenance and/or child support that parent is ordered to pay for other families.  The new formula also grants deductions from a parent's monthly gross income for non-joint children in their home.

Next, the new guidelines formula applies the parents' combined parental income for determining child support (known as "PICS") to a basic support guidelines table to determine the parties' combined basic support obligation.

If a court order specifies the total parenting time granted each parent, the obligor may receive a deduction from basic support depending on the amount of Court-ordered parenting time granted to the obligor.  The obligor receives the deduction if parenting time is 10 percent (10%) or more.  The amount of the deduction is based on the percentage of Court-ordered parenting time.

The Court decides whether there is appropriate health care coverage and who should carry the health care coverage.  The cost is prorated between the parties based on each parent's proportionate share of their combined PICS.  It is possible that the parent with primary physical custody of the child(ren) will owe medical support.  That amount will be used to offset the other parent's child support obligation. 

Child care support will also be determined by prorating the cost of the child care based on each parent's proportionate share of their combined PICS.

The State's website will have a child support calculator and instructions to help you estimate child support. 

Six-Month Review

The Court attaches a request for a six-month review hearing form to

    •  all marital dissolution and legal separation decrees
    •  all orders that initially establish child custody, parenting time, or support rights and obligations

If either party submits a written request for a hearing within six months of the Court's entry of marital dissolution or legal separation decree or order that establishes custody, parenting time or support, the Court must hold a review hearing.

The Court decides whether child support is current and whether both parties are following the ordered parenting time schedule. If either party asks, the county agent must give child support payment information to the parties and to the Court.  A party must make the request for payment information at least 14 days before the hearing.

Spousal Maintenance

Spousal maintenance (alimony) awards involve monthly payments from one spouse for the support and maintenance of the other spouse.  These payments are from the payer spouse's future income or earnings.  The Court may choose to award spousal maintenance; deny a present award but reserve jurisdiction for a later award; or deny spousal maintenance to both or either party and bar all future claims.

The Court will also consider the amount of time necessary for the party seeking spousal maintenance to obtain the necessary education or to be trained for appropriate employment.  There will be consideration given to the party seeking spousal main­tenance's probability of completing training and becoming self sufficient given his/her age and skills.  There will also be due consideration of the party's standard of living during the marriage.

The length of marriage is another factor examined by the Court in determining whether to award spousal maintenance.  If the party was a homemaker and was absent from the work force for a substantial period of time, the Court may be more inclined to award spousal maintenance.

The Court will also examine the extent to which a person's work skills have become outmoded.  If there has been a permanent diminishment of earning capacity due to obsolete work skills or employment history, that may weigh in favor of an award of spousal maintenance.
 
The parties' respective ages and physical and emotional condition are also factors evaluated by the Court.  The Court will consider each party's contributions to the marriage.  Last but not least, the Court will consider the ability of the spousal maintenance obligor to pay spousal maintenance given his/her income and resources. 
 
  Life Insurance.
 
Life insurance may be ordered by the Court to be maintained by the person paying child support or spousal maintenance in order to secure future payments of familial support.