Custody & Child Support Modification - Petitioner
Steps you'll need to take
- "Obligor" means a person who owes child support for a child;
- "Payor" means any employer or other person who pays income to an obligor and who has or provides health care coverage to employees;
- "Arrearage" means past due child support, past due medical support, past due spousal support, attorneys fees, guardian ad litem fees, costs, interest and penalties, but, does not include property settlements.
- “Income" means any form of payment or return in money or in kind to an individual, regardless of source. Income includes, but is not limited to wages, earnings, salary, commission, compensation as an independent contractor, temporary total disability, permanent partial disability, permanent total disability, worker's compensation payments, unemployment compensation, disability, annuity and retirement benefits and any other payments made by any payor.
- The following is NOT “income”: Means tested sources of income such as Pell Grants, aid under the Personal Opportunities With Employment Responsibilities (POWER) Program, food stamps (SNAP) and Supplemental Security Income (SSI) shall not be considered as income.
- “Net” or “Disposable” income is the gross income (i.e. income before taxes) minus total mandatory deductions. Mandatory deductions: federal income tax withheld, social security tax (FICA) withheld, state income tax withheld, and other deductions required by law, such as required disability contributions and/or required retirement contributions. The cost of dependant health care coverage for dependent children may be deducted too.
- “Imputed income” can be used when either parent is voluntarily unemployed or underemployed. In this type of case the child support shall be computed based upon the potential earning capacity (imputed income) of the unemployed or underemployed parent. In making that determination the court shall consider:
- 1) Prior employment experience and history;
- 2) Educational level and whether additional education would make the parent more self-sufficient or significantly increase the parent's income;
- 3) The presence of children of the marriage in the parent's home and its impact on the earnings of that parent;
- 4) Availability of employment for which the parent is qualified;
- 5) Prevailing wage rates in the local area;
- 6) Special skills or training; and
- 7) Whether the parent is realistically able to earn imputed income.
- "Age of majority" means a person eighteen (18) years of age, except for purposes of child support obligations, a parent's legal obligation for the support of his or her children, whether natural or adopted, continues past the age of majority in cases where the children are:
- (i) mentally or physically disabled and thereby incapable of self support; or
- (ii) between the age of majority and twenty (20) years and attending high school or an equivalent program as full-time participants.