CHILD SUPPORT

Child support may be modified due to a substantial change in circumstances upon which a modification of an existing order may be granted.

The difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances. For example, if the child support payment is currently $1,000 and the new calculation is $900, the difference of $100 fails to meet the threshold of 15%.

Monthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent’s part, absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control. 

The statute provides a table containing the monthly payment amount based upon the combined monthly net income and the number of children. If the combined monthly net income exceeds the maximum number in the table, then a child support worksheet shall be used to perform the calculations. 

Gross income shall include, but is not limited to, the following: (1) Salary or wages. (2) Bonuses, commissions, allowances, overtime, tips, and other similar payments. (3) Business income from sources such as self-employment, partnership, close corporations, and independent contracts. “Business income” means gross receipts minus ordinary and necessary expenses required to produce income. (4) Disability benefits. (5) All workers’ compensation benefits and settlements. (6) Reemployment assistance or unemployment compensation. (7) Pension, retirement, or annuity payments. (8) Social security benefits. (9) Spousal support received from a previous marriage or court ordered in the marriage before the court. (10) Interest and dividends. (11) Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income. (12) Income from royalties, trusts, or estates. (13) Reimbursed expenses or in kind payments to the extent that they reduce living expenses. (14) Gains derived from dealings in property, unless the gain is nonrecurring.