Each state has its own rules regulating the withholding limits for child support . These rules are generally modeled on the withholding limits under the Federal Consumer Credit Protection Act.
The withholding limit will generally depend on whether or not the paying spouse actively supports a spouse or dependent child in his own home and the arrearages. The law allows for withholding 50% of the earnings if the arrearages are under 12 weeks and the paying spouse has a spouse or dependent child in his own home and actively supports them. It is 55% if the arrearages exceed 12 weeks. Where there is no spouse or dependent child, the withholding limit is 60% in case of arrearages less than 12 weeks. In case of arrearages above 12 weeks, it is 65%.
The exact restrictions vary by state. State law may also impose other restrictions on the withholding limit. Consult with an experienced attorney.
Most states use a prescribed formula to determine the amount of child support . These formulas are generally complex and developed after considering numerous factors. There are many easy to use software programs available in the market that can help you use your state’s child support formula to determine the amount of child support in your case. If you want to use such software programs, make sure you use one that is approved by the court.
Generally the court will stick to the prescribed formula to determine the amount of child support in a case. However if the circumstances require the court to depart from the prescribed formula, the court can do so.
Even the parties are allowed to depart from the prescribed formula if the circumstances of the case require them to do so. If there is any deviation from the prescribed formula, it must be shown that it is in the best interest of the child.
If either spouse wants to modify a child support order after it is entered, the spouse seeking the modification must show that there is a material change in the circumstances of the parties. A child support order that is not as per the prescribed formula can be changed at any time. However your state law may impose certain restrictions. Speak to an experienced attorney to know more.