The income shares model
Gone are the days when child support payments were calculated by simply taking a percentage of the payer’s income. Tennessee’s child support guidelines (similar to many states) adopt the “income shares” model for calculating child support payments. The process has become so complicated that Tennessee provides a software child support calculator to help parents and attorneys determine the payments.
How child support is calculated
The child support calculator asks for number of days each child is scheduled to spend with each parent, each parent’s income, the amount the parents pay for the support of other children, amounts paid for insurance and childcare, among other factors.
The calculator combines the income of the two parents. It is assumed that a percentage of that combined income will be used to provide basic support for the children. This percentage changes depending on the number of children and the income level of the parents.
The amount needed to support the children is then divided between the parents according to the number of days each parent will spend caring for the children. The calculator will then determine which parent will pay child support to the other.
What is included in child support
The support is based on certain assumptions about the costs incurred in raising a child. First, the calculation assumes the parent who spends the majority of time with the child will take the tax deduction for the child on their federal tax return. When negotiating your parenting plan, be careful about giving this away. Federal law says the parent who has the child most of the time gets the deduction, not the parent who is paying support.
It is further assumed the support will cover expenses like housing, food, transportation, clothing, and entertainment. Also covered are expenses associated with public school education, such as fees, books, and local field trips.
What is not included in child support
Expenses not included include health insurance for the child, uncovered medical expense, and work-related childcare. However, as I mentioned above these amounts (with the exception of uncovered medical expenses) are requested as part of the calculation and the parents are given credit accordingly.
Also not included are certain “special expenses” which include summer camp, music or art lessons, travel, and school-sponsored extra-curricular activities.
Special education expenses
Notable for parents of children with special needs, reasonable and necessary expenses for special education are not part of the basic child support equation. If your child requires services related to a disability that are not covered by the school through the IEP, a deviation can be made to the basic child support to cover these expenses.
What about private school?
Generally, the family law courts are hesitant to order parents to pay for a private school education, however, such a deviation from the basic child support may be approved if such and expense is “appropriate to the parents’ financial abilities” and the child had been attending private school when the parents were married.
This is something that is considered on a case-by-case basis and will depend greatly on the facts of your situation. Consult with your attorney for more help in this area.
What you need to know
The child support calculator can produce odd results, so most attorneys are hesitant to guess at what your support will be before we run your numbers through the software. In any case, there is one constant when it comes to child support: The person paying support thinks the support is way too high, and the person receiving the support thinks it’s way too low.
Also, as the income of the parties increases, the percentage of their income devoted to raising the children tends to decrease. The effect of this is that people with low income are further punished with relatively higher child support payments. This is why Child Support Services is constantly busy prosecuting people for failing to pay their child support.
Generally, the court will adopt the results of the child support calculator without much discussion. Therefore, it’s important to use accurate information when entering your data. In future posts I’ll address how to determine what information to give the calculator.
If you have any questions or discussion, feel free to comment or contact me to find out how I can help you with your situation.