Amount of Support Obligation
On January 1, 2022, the support guidelines were amended. While a large amount of these changes involve cleaning up the language, here are some changes that are important to note. The biggest change however is that the Support Obligation is on average higher now than it was under the previous guidelines. The following three examples are for low, middle, and high combined incomes:
Under the old guidelines if the combined total monthly net income was approximately $2,000 and you have one child, the support obligation would be your portion of $475. Under the new guidelines for the same facts, the support obligation is your portion of $461, which is a little lower.
If your combined monthly net income $10,000 and you have three children, the old support guidelines state you would pay your portion of $2,355. Under the new guidelines it would be your portion of $2,642.
At the highest end, if you make $30,000 as a combined net income and have 6 children, under the old guidelines, it would be your portion of $5,768; under the new guidelines, it is your portion of $6,613.
The high-end income cases also has been adjusted. For one child, under the old guidelines the amount was your portion of $2,839 + 8.6% of the combined monthly net income above $30,000. Under the new guidelines you would pay your portion of $3,608 + 4.0% of the combined monthly net income above $30,000. At the very highest income this will result in a lower amount, but around $40,000 it will be an increase, as before, this amount is only a presumption, and can be adjusted by a judge, master, or hearing officer.
Other Notable Changes
Incarceration
Under the new guidelines, if you are incarcerated for a crime which is not against the payee or the party’s dependent child, and is not support related, it will be considered a reduction in the payer’s income, which could reduce the amount of child support that payer owes.
Low-Income Cases
If under the new guidelines, your income is less than $1,063 per month or is reduced to under that amount, you could be entitled to a reduction in your support or elimination of support based on your low income.
Expenses
Private School Tuition or Summer Camp as long as it is reasonable under the parties’ circumstances, the trier of fact shall apportion the expense to the parties.
Any other expense under the new guidelines must be related to education, extra-curricular, or developmental activities, and is reasonable under the parties’ circumstances before they will be apportioned.
These are just the big notable changes to the support guidelines, there are other minor changes to the guidelines as well. These changes may adversely affect your support order should it be modified.
Peter J. Moak is an associate of the Litigation Department and Family Law Group. Should you have any questions on the above information or want to modify your support please contact him or any of the other attorneys in the family law group by contacting MacElree Harvey, Ltd.