(a) availability of employment opportunities for the parent (1) The following criteria shall be used: If a court finds that a parent has willfully failed to obtain or maintain appropriate employment or is willfully underemployed, the court may impute to that parent an income equal to that parent’s earning and employment potential. In raising such a defense, a party may use Table A as set forth in Subsection M of this section to calculate the support for the subsequent children.ĭ. A duty to support subsequent children is not ordinarily a basis for reducing support owed to children of the parties but may be a defense to a child support increase for the children of the parties. (e) “gross income” shall not include a reasonable amount for a parent’s obligation to support prior children who are in that parent’s custody. (d) “gross income” shall not include the amount of child support actually paid by a parent in compliance with a court order for the support of prior children and (c) “gross income” shall not include the amount of alimony payments actually paid in compliance with a court order (b) for income from self-employment, rent, royalties, proprietorship of a business or joint ownership of a partnership or closely held corporation, “gross income” means gross receipts minus ordinary and necessary expenses required to produce such income, but ordinary and necessary expenses do not include expenses determined by the court to be inappropriate for purposes of calculating child support (a) “gross income” shall not include benefits received from: 1) means-tested public assistance programs, including, but not limited to, temporary assistance for needy families, supplemental security income and general assistance 2) the earnings or public assistance benefits of a child who is the subject of a child support award or 3) child support received by a parent for the support of other children (2) “gross income” includes income from any source and includes but is not limited to income from salaries, wages, tips, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, significant in-kind benefits that reduce personal living expenses, prizes and alimony or maintenance received, provided: The gross income of a parent means only the income and earnings of that parent and not the income of subsequent spouses, notwithstanding the community nature of both incomes after remarriage and (1) “income” means actual gross income of a parent if employed to full capacity or potential income if unemployed or underemployed. For purposes of the guidelines specified in this section: (3) improve the efficiency of the court process by promoting settlements and giving courts and the parties guidance in establishing levels of awards.Ĭ. (2) make awards more equitable by ensuring more consistent treatment of persons in similar circumstances and (1) establish as state policy an adequate standard of support for children, subject to the ability of parents to pay The purposes of the child support guidelines are to: Every decree or judgment or stipulation of child support that deviates from the guideline amount shall contain a statement of the reasons for the deviation.ī. In any action to establish or modify child support, the child support guidelines as set forth in this section shall be applied to determine the child support due and shall be a rebuttable presumption for the amount of such child support.
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