Lawyers Manual - Unified Court System

Victim Who Needs Child Support 157
that amount. The court must use the percentages to determine the amount for the
combined income below $80,000. This amount is then pro-rated between the
parents based on each parent’s proportion of the total income, and the court will
order the noncustodial parent to pay his or her pro rata share to the custodial
parent. In determining the child support amount based on the income over
$80,000, the court may use the percentages or may find that a greater or lesser
amount is appropriate based on the ten factors for variation.
In a simple case, with each parent earning $40,000 per year, their combined
income is $80,000. If they have two children, the preliminary combined child
support obligation is 25% of $80,000, or $20,000. Since the noncustodial
parent’s income is 50% of the combined income, his share of the obligation is
$10,000 per year, or $833 per month. This is the amount the noncustodial parent
will be ordered to pay to the custodial parent, plus any additional amounts that
might be appropriate.
Mandatory Additional Amounts
After a preliminary amount is established through use of the percentages,
the court is instructed to examine the need for additional amounts of support for
certain designated expenses.
Health Care Expenses
The court is required to order the parents to extend health insurance
coverage to the children if it is available through an employer or organization.
In addition to the order for support, the court must issue a separate “qualified
medical support order” to effectuate its order for medical coverage.
The CSSA also requires the court to order the non-custodial parent to pay
his or her pro rata share of the child’s future reasonable health care expenses not
covered by insurance. Where appropriate, the court may order the payment to be
made directly to the health care provider.
If there is an opportunity for agreement, it would be a good idea to include
some of the standard expenses that will be considered “reasonable,” such as
check-ups, prescription and non-prescription medication, doctor’s visits for any
medical purpose, emergency treatment (including crutches, etc.), optometrist,
glasses, dental work, orthodontist.
In the absence of an agreement, the decision on reasonableness will be left
to the custodial parent. If the noncustodial parent feels a particular expense is
not reasonable, he is free to return to court for a ruling. If possible, obtain a
provision in the order requiring the noncustodial parent to make the pro rata