| Child support arises when the non custodial parent,that | | | | 4. The standard of living that the child was |
| is the parent who does not win child custody, is obliged | | | | accustomed to prior to the break up. |
| to make payments called child support or child | | | | Judges are not fools and they do recognise the reality |
| maintenance to the parent who has custody, either | | | | for many parents of the difficulty of trying to maintain |
| physical or legal custody, of the child. | | | | 2 homes post break up but they take their |
| The law views the custodial parent as doing his/her bit | | | | responsibilities seriously and will make orders for child |
| by looking after the child on a daily basis so the | | | | support payments which reflect the four criteria laid |
| obligation to make child support payments falls on the | | | | out above. |
| non custodial parent. | | | | As a non custodial parent you will be allowed the |
| In calculating the amount of child maintenance to be | | | | ordinary day to day living costs of food and shelter |
| made the court in your state will be guided by the Child | | | | when you are handing in your statement of means but |
| Support Enforcement Act which is federal law and | | | | you will not be allowed to deduct expenses such as |
| gives guidelines to the state courts as to how to | | | | entertainment, eating out etc.Your lifestyle choices will |
| calculate. | | | | also be a significant factor and the court will generally |
| Some states exercise a great deal of latitude as to | | | | look at what you are capable of earning and not |
| how to calculate the support payments within these | | | | necessarily what you are actually earning. |
| guidelines and some states stick rigidly to the guidelines | | | | This means that if you make a lifesytle choice to, for |
| laid down by the legislation. | | | | example, go to law school and consequently your |
| Courts will look at a number of factors though in | | | | earnings drop significantly the court will not allow you to |
| guiding their decision and they are | | | | rely on your actual income figures but rather it will take |
| 1. The needs of the child | | | | the view that the maintenance of your child is more |
| 2. The needs and means of the parent who has | | | | important and will calculate your child support |
| custody | | | | payments based on what you are capable of earning. |
| 3. The ability to pay of the non custodial parent | | | | |