Minimum Income for One and Two Family Memberships in Tx Usa
States' Treatment of High and Depression Income Parents in Making Child Support Determinations
States are required to institute one set of guidelines (by constabulary or judicial or administrative action) for setting and modifying child support accolade amounts. Child back up guidelines are based on fiscal data from 1 or both parents. Often adjustments are necessary when 1 or both parents have a very high or very low income.
States' treatment of cases where the income of the parent(s) exceeds the highest amount listed in the guidelines varies. Some states use the highest amount in the guideline or create a specific formula for high income cases. Others allow the decision-maker to use his or her discretion in setting an corporeality that meets the needs of the child and the parent's power to provide support.
In cases where a parent has a very low income, states use three main approaches. Some plant a minimum presumptive amount; others set a minimum mandatory amount; and some states allow the discretion of the conclusion-making authority to determine power to pay.
The following table describes each land'due south policy in establish support orders for high and low income parents.
Land | Low Income | High Income | ||
---|---|---|---|---|
Provision | Income Level | Provision | Income Level | |
Alabama | Combined adjusted gross income below lower-well-nigh levels of the schedule | Judicial discretion. | Combined adjusted gross income exceeds uppermost levels of schedule | Judicial discretion. |
Alaska | Beneath poverty level as set along in the federal annals | Court may deviate, but may non order support less than $50 per calendar month. | Greater than $100,000 per twelvemonth | Court should employ $84,000 as income, and increase the back up higher up the amount calculated using the $100,000 figure only if it is merely and proper. |
Arizona | Less than $750 per month | Support shall exist based on the facts of the individual instance and shall be consequent with theory of the Guidelines and factors set along in Ariz. Rev. Stat. § 25-320. | Greater than $twenty,000 per month | Support shall be based on the facts of the individual instance and shall be consistent with theory of the gGuidelines and factors set forth in Ariz. Rev. Stat. § 25-320. |
Arkansas | No provision for low income. | Exceeds income amount on chart | Trial court shall condone the chart and apply different percentages. | |
California | Cyberspace disposable income less than $i,000 per month | Court shall rule on whether a depression-income aligning shall be made. | Extraordinarily high income and corporeality determined nether formula would exceed needs of children | Court may deviate from the formula provided. |
Colorado | Combined monthly adjusted gross income less than $1,100 | Judicial discretion, although the required payment shall not be less than $50 per calendar month for one child, $70 per calendar month for two children, $90 per month for three children, $110 per month for four children, $130 per month for five children, and $150 per month for six or more than children. | Combined monthly adapted gross income of more than $thirty,000 | Judicial discretion. Buying by parent of substantial non-income-producing asset is deviation cistron. |
Connecticut | Certain low-income levels | Just obligor's income is considered; low income is a deviation factor. | Above $4,000 weekly income | Court may fashion an appropriate amount of support, provided the amount of support prescribed at the $4,000 level is presumed to be the minimum order. Financial resources available to the parent, including non-income-producing avails, are deviation factors. |
Delaware | In no consequence may a child support gild exist less than $78 per month for 1 child, and $52 for each additional child. | High income | Basic amount plus a particular percentage applied. | |
District of Columbia | Less than $7,500 per year | Obligor may retain a self-support reserve of 133% of the poverty line. | Combined income exceeds $240,000 per year | Guidelines exercise not utilize; $240,000 award is a flooring. |
Florida | Combined monthly available income less than amount in chart. | Courtroom shall decide support on a case-past-instance basis. | Combined monthly available income greater than corporeality in chart. | Obligation shall be the minimum amount of support provided by the guidelines, plus a percentage based on the number of children whose support is being determined. |
Georgia | Annual gross income at or below $i,850 per month | Low income is a deviation factor. | Combined adapted income exceeds $30,000 per month. | Loftier income is a divergence cistron. |
Hawaii | Total monthly child support obligation greater than 70% of bachelor income for primary back up. | Exceptional circumstance warranting deviation, but minimum child support is $50 per month per child. | Full monthly income that would effect in computation higher than reasonable needs of children. | Infrequent circumstance warranting deviation. |
Idaho | Depression income | Rebuttable presumption that minimum amount of back up should exist $50 per calendar month. | Combined income over $300,000 | Court shall honour support on a instance-by-example basis. |
Illinois | Low income | Low income is a difference cistron. | High income | High income is a divergence factor |
Indiana | Combined weekly adjusted income of less than $100 | Court shall determine support on a example-by-instance footing, with back up in a range of $25 to $50 per week. | Combined weekly adjusted income of $10,000 | Formula provided. |
Iowa | Less than $500 per month | Appropriate back up shall be $l per month for one or two children and $75 per month for three or more than children. | $6,001 per month or higher | Support is determined on a case-by-instance basis, but not less than the dollar amount as provided for in the guidelines for a noncustodial parent with a monthly net income of $half dozen,000. |
Kansas | Combined gross monthly income below poverty level | Chart is provided, with a $7 minimum per kid. | Combined income exceeds highest amount shown on schedules | Court should exercise its discretion past because what amount of child back up should be prepare in addition to the highest amount on the schedule. Suggested formula is provided. |
Kentucky | Low income | Minimum of $60 for low income. | Income in excess of guidelines | Income in excess of the guidelines is a deviation cistron. |
Louisiana | Combined adapted gross income less than lowest sum shown on schedule | Courtroom shall decide an amount of back up based on the facts of the example. | Combined adapted gross income exceeds highest level specified in schedule | Court shall use its discretion in setting the corporeality of the basic obligation. |
Maine | Almanac gross income less than poverty level | Support shall non be more than than ten% of weekly gross income. | Combined annual gross income exceeds $240,000 | Child support table is inapplicable except that the bones weekly back up entitlement shall not be less than that set forth in the table fo ra combiend annual gross income of $240,000. |
Maryland | Combined adjusted income less than $500 per calendar month. | Back up shall be $twenty to $fifty, based on resources of the parent. | Combined income exceeds the highest level in the nautical chart. | Judicial discretion. |
Massachusetts | Less than $100 per week. | Minimum order of $80 per calendar month is suggested. | Combined gross income of the parties exceeds $135,000, or gross income of the noncustodial parent exceeds $100,000 | Court should award support at the $100,000/$135,000 level equally a minimum presumptive amount. |
Michigan | Less than $851 per month. | 10% of income. | Income exceeds income categories provided | Support is calculated by the application of sure percentages. |
Minnesota | Less than excess of 120% of federal poverty guideline. | Basic obligation is $50 for once child. | Combined income in backlog of income limit. | Child support obligation must be the same dollar amount as provided at the income limit, unless the courtroom finds a substantial need for additional back up. Earnings, income, and resources of both parents are deviation factors. |
Mississippi | Adjusted gross income less than $10,000. | Court shall make a written finding in the tape equally to whether or not the application of the guidelines is reasonable. | Adapted gross income of more than than $100,000. | Court shall brand a written finding in the record equally to whether or not the application of the guidelines is reasonable. |
Missouri | Court may deviate upon skilful cause. | Case law provides that the trial courtroom is to presume that the highest figure provided in the chart at the highest income level of $xx,000 per month is the correct amount of support. Courtroom may deviate upon good crusade. | ||
Montana | Minimum support obligation is calculated by special formula. | High income | High income is a deviation cistron. | |
Nebraska | Very low income. | Recommended minimum support of $l. Parent's support, child intendance, and health care obligatoin shall not reduce cyberspace monthly income beneath $687. | Total net income exceeds $15,000 monthly. | Child support for amounts in excess of $15,000 monthly may be more than but shall not be less than the corporeality that would be computed using the $15,000 monthly income unless other permissible deviations exist. |
Nevada | Notwithstanding the formulas provided, the minimum support social club shall be $100 per month per child, unless court makes written findings for a deviation. | Monthly gross income of $14,583 or more. | Presumptive maximum award is $800 per month. | |
New Hampshire | Low income. | Court shall lodge a minimum support order of $fifty per calendar month. Significantly low income is a deviation cistron. | Significantly loftier income. | Significantly high income is a deviation cistron. |
New Jersey | Net income of $160 per calendar week or less. | Guidelines do non utilize, just the court must gild at least $5 per calendar week. | Combined income of $150,800. | Court shall utilise the guidelines up to that corporeality, and supplement the award with a discretionary amount based on the remaining family income. Extrapolation is expressly forbidden. |
New United mexican states | Gross monthly income less than $600. | Court shall determine on a case-past-case basis, with a minimum back up club of $100. Where back up order is more than xl% of gross income, there is a presumption in favor of difference. | Gross monthly income greater than $8,300. | Certain percentages shall be practical depending on the number of children. |
New York | Amount awarded would reduce noncustodial parent'due south income beneath poverty level. | Support shall exist $25 or $50, depending on the self-support reserve and poverty level. | Combined parental income exceeds the dollar amount set forth in the guidelines. | Court shall make up one's mind the amount of support for the amount of the combined income in excess of such dollar amount by consideration of the factors set along in the deviation paragraph and/or the back up percentage. |
North Carolina | Adapted gross income of less $999. | Guidelines require the institution, absent a reason for a deviation, of a minimum order of $50. | Combined parental income above $300,000. | Kid support is determined on a case-by-case basis, provided that the amount of support awarded may not be lower than the maximum basic child support obligation shown in the schedule. |
N Dakota | Net monthly income $100 or less. | Court shall found a minimum support obligation on a example-past-instance basis. | Net monthly income over $x,000. | Chart provides support. High income is a deviation factor. |
Ohio | Combined gross income less than $half dozen,600 per yr. | Back up is determined on a case-past-case basis. | Combined gross income greater than $150,000 per year. | Court shall determine support on a instance-by-case ground, provided that the court shall compute a bsic combined obligation that is the same corporeality that would have been computed nether the schedule for a combined income of $150,000. |
Oklahoma | Gross monthly income at poverty level, and obligor uses Earned Income Credit. | Only the income of the obligor is used. | Monthly income exceeds $fifteen,000. | Child support shall be that amount computed for a monthly income of $15,000 plus such additional amount as the court may determine. |
Oregon | At or beneath federal poverty income level. | Depression-income adjustment may exist available. | Combined adjusted gross income exceeding $30,000 per month. | Presumed basic support obligations shall exist every bit for parents with combined adapted gross income of $15,000. A basic child support obligation in excess of this level may be demonstrated for those reasons set up along in the deviation criteria section. |
Pennsylvania | Internet income below $867 per month. | Minimal support order entered on consideration of obligor'due south reasonable living expenses. | Joint monthly net income exceeds $30,000. | Corporeality of support awarded is determined past a formula. |
Rhode Island | Combined adjusted gross income of less than $500 per calendar month. | Support is adamant on instance-by-case footing, ranging from $20 to $50 per month. | Combined monthly adjusted gross income level to a higher place $20,000 per calendar month. | The presumptive honour is calculated by the percentage used at the $20,000 level. |
South Carolina | Combined monthly gross income less than $750. | Support shall be adamant on a case-by-case basis, with a minimum order of $100 per month. | Combined gross income greater than $240,000 per year. | Courts should determine kid support on a case-by-case ground. |
South Dakota | Minimum obligation of $43 is established on the chart, but the court may deviate due to financial condition of the parties. | Combined net income above schedule. | Child support obligation shall be established at an appropriate level, taking into account the actual needs and standard of living of the child. | |
Tennessee | Minimum basic child support obligation is $100 per month. | No provision for high income. | ||
Texas | Power of parents to contribute to back up of child and financial resources bachelor are deviation factors. In no even may the obligor be required to pay more than an amount equal to 100% of the proven needs of the child. | Cyberspace resources exceed $7,500 per month. | Court shall presumptively use the per centum guidelines to the kickoff $vi,000, and may social club additional back up. In no event may the obligor be required to pay more than an corporeality equal to 100% of the proven needs of the child. | |
Utah | Monthly adjusted gross income $649 or less. | Support shall be calculated on a case-by-case basis, but back up honor shall not be less than $xx. | Combined adjusted gross income exceeds the highest level specified in the tabular array. | An appropriate and only support corporeality shall be ordered on a instance-by-example basis, merely the amount ordered may not be less than the highest level specified in the tabular array for the number of children due support. The standard of living, state of affairs of the parties, and relative wealth and income of the parties are listed as a deviation factors. |
Vermont | Less than lowest income effigy or less than self-support reserve. | Court shall use its discretion in determining back up, and shall require back up in a nominal amount. | Combined bachelor income exceeds the uppermost levels of support adopted in the guideline. | The court may use its discretion in determining child support. |
Virginia | Minimum order of $65 shall exist ordered, except for sure classes of persons. Financial resources and needs of parents are considered deviation factors. | Combined gross monthly exceeds $35,000 per month. | A pct of gross monthly income volition utilize to monthly combined gross income over $35,000 | |
Washington | Income less than $600 per month. | Obligation is based on the resources and living expenses of each household. Minimum support shall not be less than $25 per child, except when permitted past R.C.W. 26.19.065(2). | Combined net income exceeds $seven,000. | Court may set support at an advisory corporeality of support set for combined monthly net incomes betwixt $5,000 and $seven,000 or the court may exceed the advisory corporeality of support prepare for combined monthly net incomes of $seven,000 upon written findings of fact. |
West Virginia | Combined adapted gross monthly income nether $550. | Guidelines exercise not apply, but the support obligation shall be $50 per month or an amount adamant by courtroom. Low income is listed as a difference gene. | Combined adapted gross monthly income over $15,000. | Guidelines do not apply, but the support award shall not be less than that provided at the $15,000 per month level, plus an amount determined by a formula applied to the excess over $xv,000. |
Wisconsin | Low income. | Divergence factor from Percentage of Income adding. | High income. | Deviation factor from Percentage of Income calculation. |
Wyoming | Combined income less than $833 per month. | Support obligation is 25% of internet income, but in no upshot shall the support obligation be less than $50 per month. |
Source: Role of Child Support Enforcement; additional sources are cited and linked when available.
Contact Us
For more information or to request technical aid on state or federal child back up policies and programs, delight transport a message to Children & Families staff. Equally a membership system serving state legislators and legislative staff, we practise not respond to inquiries or provide legal communication related to individual kid support or family law cases.
Additional Resources
- Children and Families Program
- Kid Support Homepage
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Source: https://www.ncsl.org/research/human-services/states-treatment-of-low-high-income-child-support.aspx
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