Under
the current
version
of the
law,
child
support
is set
strictly
as a percentage
of the
non-custodial
parent’s
net
income.
New
child
support
laws
were
passed
during
the
2005
legislative
session,
though,
which
also
consider
the
custodial
parent’s
income
and
the
amount
of
time
the
child(ren)
spend
with
the
non-custodial
parent.
This
law
takes
effect
in
2007.
The
current
law
creates
a
presumptive
amount
of
child
support
based
on
the
number
of
children
and
the
noncustodial
parent’s
income.
The
court
is
obligated
to
impose
this “guideline” amount
of
child
support,
unless
it
makes
written
findings
that
a
deviation
from
the
guideline
amount
is
in
the
best
interest
of
the
children.
The
child
support
laws
are applied
differently
in situations
where
the
parties
have
joint
physical
custody
of their
children.
With
joint
physical
custody,
the
guideline
obligations
are
calculated
for
both
parents,
but
are
then
reduced
by the
percentage
of time
that
the child(ren)
are
with
the
other
parent.
These
obligations
are
then
offset,
and
the
parent
with
the greater
income
will
end up
paying
some
amount
of child
support,
but
usually
a much
smaller
amount
than
if the
other
parent
had
sole
physical
custody.
The
formula
used
to calculate
this
child
support
obligation is
known
as
the
Hortis-Valento
formula.
Once
a child
support
obligation
has been
set,
either
party
may make
a motion
to have
the award
modified,
but the
moving
party
must
be able
to prove
that
there
has been
a substantial
change
in circumstances
justifying
the modification.
This
usually
means
that
the obligor
must
have
experienced
a significant
increase
or decrease
in their
net income.
Please
contact
McGraw
Law Firm
for more
information.
651.209.3200.
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