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Following are summaries of the key features of child support guidelines adopted by the nine states participating in the pilot phase of the Parents' Fair Share Demonstration. The summaries focus on those guideline provisions most likely to affect PFS participants and other low-income and indigent obligors (that is, persons required or "obliged" to pay child support) with children on AFDC.
Terms that may need explanation include:
Threshold income: The income level that triggers application of the guidelines.
The guidelines do not apply to cases with income below the threshold; instead, the judge or other decisionmaker is typically directed by the guidelines to use discretion or to enter a minimum order. The summaries list annual, monthly, and weekly threshold income amounts; the first amount listed is used by the guidelines, and the other amounts (enclosed within parentheses) were calculated by MDRC for ease of comparison.
Threshold support amount: The minimum amount of support an obligor with income at the threshold level is required to pay, converted by MDRC to a monthly amount.
Support as a percentage of income: That portion of an obligor's income that must be paid as support.
The summaries show only selected income levels in the range from the threshold amount up to about $1,000 per month. In some states, the guidelines themselves list percentages, and in others, dollar amounts are specified in guidelines. MDRC has converted listed dollar amounts to percentages for the following summaries.
Treatment of income below the threshold: As noted above, in cases where the income is below the threshold and the guidelines do not apply, the court or other decisionmaker is sometimes directed to use discretion on a case-by-case basis or to enter a minimum order.
Minimum order: An order entered against an obligor whose income falls below the threshold level, establishing a minimum support obligation and directing the obligor to pay a specific amount of support on a periodic basis.
Reserved order: A child support order reserving a support obligation establishes and conditionally sets aside a specific support amount subject to retroactive reinstatement if the conditions (such as participation in an employment program) are not met. An order reserving the issue of support allows the judge to defer consideration of support, while retaining jurisdiction over the matter.
Definition of income: State guideline definitions of income often are quite detailed, and are only broadly summarized in the following pages. Guidelines' definitions may cover assets, overtime and seasonal earnings, and stepparent income. The definitions also may include methodological requirements, such as a directive to average income over a year, which can affect a recently unemployed obligor. All PFS pilot phase states exempt AFDC, General Assistance, and other means-tested public assistance programs from countable income for calculating child support obligations. Although some of the state guidelines are based on an income shares model, the custodial parent's income is assumed here to be zero.
Imputed income: Potential income which is not actually earned, but which is attributed to an unemployed or underemployed obligor as though it had been earned. In practice, imputed income is often calculated as the amount of income an obligor could have earned from a full-time, minimum wage job.
In-kind support: Support provided by the obligor for the child's benefit which is not paid directly to the custodial parent or child support agency, such as third-party payments for tuition, or support in the form of goods or services such as food and clothing.
Modifications: Circumstances under which a change in child support obligations are required or permitted. Traditionally, parties to a support order in most PFS pilot phase states had to establish a "substantial change in circumstances" before the obligation could be increased or decreased. When states enacted guidelines, considerable litigation resulted over the issue of whether the enactment of the guidelines provided a legal basis for modifying support orders. Currently, some states authorize courts and other decisionmakers to modify orders prospectively to bring them into conformity with guideline levels, without regard for the traditional "substantial change" standard, while other states have redefined "substantial change" to include a certain percentage or dollar amount variance from the guideline level. Federal review and adjustment regulations, effective October 1993, now require states to review certain orders at least once every three years and to reduce or increase the obligations prospectively to conform to guideline levels.
Multiple families: The following summaries indicate how state guidelines take into account other child and spousal support obligations in setting orders.
Traditional factors: Traditionally, the amount of child support owed by a noncustodial parent was left to the state court's discretion to determine on a case-by-case basis. In divorce cases, the judge's discretion typically was guided by several subjective considerations, such as the financial resources and needs of the parents and child, the standard of living the child would have enjoyed had the marriage not dissolved, the physical and emotional condition of the child, the child's educational needs, and the "equities" between the parties, such as the division of marital property.
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Description of guidelines: Set amount based on combined gross monthly income.
Whose income is considered? Custodial and noncustodial parents.
Threshold income: $550 gross monthly income
($127 gross weekly income)
($6,600 gross annual income)
Threshold support amount: $50 per month for one child.
Support as a percentage of income:
| Gross Monthly Income | 1 Child | 2 Children |
|---|---|---|
| $ 550 | 9.1% | 9.3% |
| 600 | 13.7 | 13.8 |
| 650 | 17.2 | 17.4 |
| 700 | 20.1 | 20.3 |
| 750 | 20.1 | 22.9 |
| 800 | 19.8 | 25.1 |
| 850 | 19.5 | 27.1 |
| 900 | 19.2 | 28.8 |
| 950 | 18.9 | 29.4 |
| 1,000 | 18.7 | 29.0 |
Treatment of income below the threshold: The court may use its discretion in determining child support and establishing a monthly basic obligation.
Minimum order: Discretionary.
Definition of income: Gross income from any source.
Imputed income: The court may impute potential income if it finds the parent is voluntarily unemployed or underemployed, determining the employment potential and probable earnings level based on the parent's recent work history, education, and occupational qualifications, and on prevailing job opportunities and earnings levels in the community.
In-kind support: Not addressed.
Modifications: The guidelines apply in any action to establish or modify child support. Application of the guidelines to the circumstances of the parties at the time the modification petition is filed which results in less than a 10 percent change in support is rebuttably presumed not to be a material change in circumstances.
Multiple families: Support paid by the parent pursuant to a pre-existing support order is deducted from gross income. If the parent is legally responsible and actually providing for other children, a pre-existing support obligation will be imputed and deducted. Upon a modification petition, no deduction is allowed for a child born after the original order, unless the support is paid pursuant to another order.
Source: Ala. Rules of Judicial Administration, Rule 32 (1993).
Description of guidelines: Set amount based on combined available monthly income.
Whose income is considered? Custodial and noncustodial parents.
Threshold income: $500 available monthly income
($115.38 available weekly income)
($6,000 available annual income)
Threshold support amount: $48 per month for one child.
Support as a percentage of income:
| Available Monthly Income | 1 Child | 2 Children |
|---|---|---|
| $ 500 | 9.6% | 9.6% |
| 550 | 16.9 | 17.1 |
| 600 | 23.0 | 23.2 |
| 650 | 23.7 | 28.0 |
| 700 | 23.7 | 32.9 |
| 750 | 23.6 | 36.5 |
| 800 | 23.5 | 36.5 |
| 850 | 23.4 | 36.4 |
| 900 | 23.3 | 36.3 |
| 950 | 23.3 | 36.2 |
| 1,000 | 23.1 | 3.9 |
Treatment of income below the threshold: For income less than the guideline threshold, the guidelines specify that the parent should be ordered to pay a child support amount, determined on a case-by-case basis, to establish the principle of payment and lay the basis for increased orders.
Minimum order: While the guidelines direct the entry of an order, the amount is determined on a case-by-case basis.
Definition of income: Gross income less exclusions and deductions.
Imputed income: Income must be imputed when unemployment or underemployment is found to be voluntary, absent physical or mental incapacity or other circumstances over which the parent has no control. Employment potential and probable earnings are to be determined based on the parent's recent work history and occupational qualifications, and on prevailing earnings level in the community.
In-kind support: Not addressed.
Modifications: 10 percent or $25 deviation in an existing order from the guidelines may establish a substantial change in circumstances upon which a modification may be granted.
Multiple families: Court-ordered support for other children that is actually paid is deducted from income. The court may adjust the award for parental support payments regularly paid and for which there is a demonstrated need.
Other features: Detailed definition of available income. The court may set an amount that is plus or minus 5 percent of guidelines.
Source: FLA. STAT. sec. 61.30 (Supp. 1992).
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Description of guidelines: Percentage of an obligor's gross weekly income, which increases with the number of children.
Whose income is considered? Noncustodial parent.
Threshold income: $201 gross weekly income
($871 gross monthly income)
($10,452 gross annual income)
Threshold support amount: $218 per month for one child.
Support as a percentage of income: 25 percent for one child and 28 percent for two children for gross income between $871 and $2,167 per month. The court has discretion to increase or decrease the order by 2 percent in consideration of the totality of the circumstances.
Treatment of income below the threshold: At the discretion of the court, but not less than $50 per month should be ordered. An order may not leave an obligor with less money than is required for minimum subsistence, including food, shelter, utilities, clothing, and employment expenses.
Minimum order: $50 per case. The minimum order is intended to correspond to the AFDC pass-through amount.
Definition of income: Gross income from whatever source.
Imputed income: The court may consider potential earnings capacity if a party is earning substantially less than the party could through reasonable effort, taking into consideration education, training, and past employment history. The court must find that the party is capable of working and is unemployed, working part time, or working a job other than that for which the party has been trained.
In-kind support: Not addressed.
Modifications: The guidelines, in and of themselves, do not constitute a substantial change in circumstances warranting a modification. Arrearages do not provide a basis for modification.
Multiple families: Support paid is deducted from gross income in determining a subsequent obligation. The court takes multiple families into account when the custodial parent seeks modification of an existing order.
Other features: The orders increase with the children's age. The guidelines are unusually simple and well integrated. They identify factors traditionally used to set support as principles considered in developing the guidelines. One principle is to protect a subsistence level of income of parents at the low end of the income range whether or not they are on public assistance.
Source: MASS. ANN. LAWS c.209, sec. 32-33; Child Support Guidelines, Commonwealth of Massachusetts, The trial Court, Office of the Chief Administrative Justice (rev. 1989).
Description of guidelines: Percentage of family weekly net income, which increases with the number of children.
Whose income is considered? Custodial and noncustodial parents.
Threshold income: $169 net weekly income
($732 net monthly income)
($8,788 net annual income)
Threshold support amount: $187 per month for one child.
Support as a percentage of income: 25.5 percent for one child and 39.4 percent for two children for net family income between $732 and $1,174 per month.
Treatment of income below the threshold: The guidelines do not apply to a parent who earns $100 or less net income per week, which is considered poverty level under the guidelines. A noncustodial parent who earns $100 or less net income per week pays 10 percent of income for child support, irrespective of the number of children. The 10 percent decreases by one percentage point for every additional $100 earned by the custodial parent, allowing the noncustodial parent to keep 90 to 100 percent of poverty-level income. This formula is used until the apportioned amount approaches the guideline amount.
Minimum order: Not less than $5 per week, or reserved support (support that will be awarded later) when the noncustodial parent earns no income.
Definition of income: Detailed list including earnings or other income due from an employer, pension payments, social security, unemployment and workers' compensation, and debts owed to the payer less allowable deductions. Seasonal or year-to-year variations in income are averaged over the preceding 12 months.
Imputed income: Determined on a case-by-case basis where voluntary reduction of income or voluntary unexercised ability to earn is shown, considering prior employment experience, educational level, physical and mental disabilities, presence of children in the home, availability of employment, prevailing wage rates, special skills and training, and whether the party is able to earn the imputed income.
In-kind support: Support may include payment of health care, child care, and educational expenses.
Modifications: Upon a showing of change in the circumstances of either party.
Multiple families: Pre-existing child support orders are deducted from income. There are percentage deductions for other natural and adopted children living in the household. Deductions for stepchildren only if support is unavailable from the natural parents.
Other features: Detailed guideline manual identifying the underlying rationale.
Source: Michigan Child Support Guideline Manual, Friend of the Court Advisory Committee (rev. 1992), MICH. COMP. LAWS sec. 552.519; MICH. STAT. ANN. secs. 25.164.25.176 (Supp. 1993).
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Description of guidelines: Percentage of an obligor's net monthly income, which increases with each child.
Whose income is considered? Noncustodial parent.
Threshold income: $401 net monthly income
($92.54 net weekly income)
($4,812 net annual income)
Threshold support amount: $56 per month for one child.
Support as a percentage of income:
| Net Monthly Income | 1 Child | 2 Children |
|---|---|---|
| $401-500 | 14% | 17% |
| 501-550 | 15 | 18 |
| 551-600 | 16 | 19 |
| 601-650 | 17 | 21 |
| 651-700 | 18 | 22 |
| 701-750 | 19 | 23 |
| 751-800 | 20 | 24 |
| 801-850 | 21 | 25 |
| 851-900 | 22 | 27 |
| 901-950 | 23 | 28 |
| 951-1,000 | 24 | 29 |
| 1,001-4,000 | 25 | 30 |
Treatment of income below the threshold: The order is based on the ability of the obligor to provide support when a net income per month is $400 and below. If the court finds that the obligor earns less than the threshold level and does not have the ability to provide support, the court may order the obligor to perform community services.
Minimum order: Discretionary.
Definition of income: Total monthly income less specified deductions. The court may deduct debts reasonably incurred for necessary support of the child or parent or for the generation of income. Three months' documentation is required; seasonal income is averaged over a year.
Imputed income: The court may impute income to a voluntarily unemployed or underemployed parent. An obligor is not considered voluntarily unemployed if the unemployment is temporary and will lead to an increase in income, or represents a bona fide career change that outweighs the adverse effect on the child. Imputed income is defined as the estimated earnings ability of a parent based on the parent's prior earnings history, education, and job skills, and on the availability of jobs within the community. The court may impute earnings from a 40-hour per week minimum wage job.
In-kind support: May not be offset against the obligation.
Modifications: A guideline amount that is at least 20 percent and $50 higher or lower than the current support order requires modification. The court may modify an unreasonable and unfair order, including substantially increased or decreased income, substantially increased or decreased needs, receipt of AFDC, or change in the cost of living.
Multiple families: May not be considered.
Other features: In addition to the guidelines, the court is required to take a list of traditional factors into account in setting or modifying support orders.
Source: MINN. STAT. secs. 518.551; 518.64 (Supp. 1992).
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Description of guidelines: Set amount based on combined monthly gross income.
Whose income is considered? Custodial and noncustodial parents.
Threshold income: Guidelines apply to all income levels.
Threshold support amount: No threshold. If the obligor has $100 gross monthly income, the obligation for one child is $24.
Support as a percentage of income:
| Gross Monthly Income | 1 Child | 2 Children |
|---|---|---|
| $ 100 | 24.0% | 37.0% |
| 200 | 23.5 | 36.5 |
| 300 | 23.7 | 36.7 |
| 400 | 23.5 | 36.5 |
| 500 | 22.4 | 34.8 |
| 600 | 21.5 | 33.3 |
| 700 | 20.9 | 32.3 |
| 800 | 20.3 | 31.6 |
| 900 | 19.9 | 31.0 |
| 1,000 | 19.6 | 30.5 |
Treatment of income below the threshold: Not applicable.
Minimum order: Not applicable.
Definition of income: 1/12 of annual gross income from any source.
Imputed income: The court may impute potential income of unemployed and underemployed parents in appropriate circumstances, considering employment potential and probable earnings based on the parent's recent work history and occupational qualifications, and on prevailing job opportunities in the community.
In-kind support: Credited for expenditures made with the custodial parent's actual or imputed consent.
Modifications: Only upon a showing of a change in circumstances so substantial and continuing as to make the terms unreasonable. A 20 percent deviation from the guidelines amount is prima facie evidence of a substantial change in circumstances.
Multiple families: Gross income is adjusted for child and spouse support ordered and being paid. Consideration is given for direct support provided to other children in the custody of a party.
Other features: The court is directed to take traditional factors for setting child support into account.
Source: Mo. Rules of Civil Procedure, Rule 88; Supreme Court Rules, Form 14 (1992); MO. ANN. STAT. sec. 452.370 (Vernon Supp. 1992).
Description of guidelines: New Jersey has two guidelines tables in its court rules, one listing percentages and the other listing dollar amounts. The percentage table begins at $140 available weekly income. The dollar amount table begins at $160 available weekly income. They are roughly comparable.
Whose income is considered? Custodial and noncustodial parents.
Threshold income: (1) $127 available weekly income
($550 available monthly income)
($6,604 available annual income)
Threshold support amount: $45 to $50 per month for one child.
Support as a percentage of income:
| Available Monthly Income | 1 Child | 2 Children |
|---|---|---|
| $607 | 8-9% | 8-9% |
| 650 | 13-14 | 13-15 |
| 693 | 18-19 | 18-20 |
| 737 | 23-25 | 22-24 |
| 780 | 23-25 | 25-28 |
| 823 | 23-25 | 29-32 |
| 867 | 23-25 | 32-35 |
| 910 | 22-25 | 34-38 |
| 953-1,040 | 22-25 | 35-38 |
Treatment of income below the threshold: For income below the poverty level, the court is directed to review the obligor's income and living expenses on a case-by-case basis to determine the maximum amount of support that can be reasonably ordered without denying the obligor the means of self-support at a subsistence level. A specific dollar amount of $5 to $10 per week per case, depending on the resources and living expenses of the parties and the number of children due support, must be set to establish the principle of the parents' monetary obligation and to establish a basis for an increased order.
Minimum order: $5 to $10 per week per case.
Definition of income: Gross income from whatever source minus specified exclusions and deductions.
Imputed income: The court may take underemployment into account. If sufficient financial information is unavailable, the court is directed to, insofar as practicable, make the award in consideration of the public assistance amount received by obligee.
In-kind support: The court may take educational expenditures and other in-kind support into account.
Modifications: Before using guidelines to modify a prior order, the court must make a determination that changed circumstances exist justifying a modification of the order.
Multiple families: Previously ordered and paid alimony, maintenance, and support are deducted from income. The court must adjust the order to ensure an equitable result to all legal dependents of the obligor. The court must require full disclosure of the co-obligor's income to determine deductions for dependents from other relationships.
Other features: Detailed definition of available income. Underlying assumptions identified.
Source: N.J. COURT RULES, R. 5:6A and Appendices IX-A, IX-B, IX-C, IX-D, and IX-E (amended 1989); R. 5:6-2.
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Description of guidelines: Set amount based on combined gross annual income, which increases with each child.
Whose income is considered? Custodial and noncustodial parents.
Threshold income:(2) $6,000 gross annual income
($115.38 gross weekly income)
($500 gross monthly income)
Threshold support amount: $20 per month for one child.
Support as a percentage of income:
| Gross Monthly Income | 1 Child | 2 Children |
| $500 | 4.0% | 6.2% |
| 600 | 14.8 | 18.2 |
| 700 | 22.4 | 26.7 |
| 800 | 21.4 | 33.1 |
| 900 | 20.4 | 31.8 |
| 1,000 | 19.8 | 30.7 |
Treatment of income below the threshold: Reviewed on a case-by-case basis to determine the maximum amount that can reasonably be ordered without denying the obligor the means for self-support at a minimum subsistence level; the court is required to order a specific amount of child support, unless the obligor is totally unable to pay support and the court deviates from the guidelines.
Minimum order: In July 1993, the Ohio legislature enacted a new minimum order provision setting a minimum amount of $50 per month, except that the court in appropriate circumstances may order an amount less than $50 or need not order any amount. Appropriate circumstances may include, but are not limited to, physical or mental disability or institutionalization in a facility for persons with mental illness. If the court sets a minimum order and the obligor is on public assistance and complying with a seek-work order, the current obligation is suspended, unpaid amounts due under the order are accrued, and enforcement is suspended. The new provision specifies that the minimum order amount will increase in an amount equal to any increase in the AFDC pass-through amount.
Definition of income: Gross income from all sources during a calendar year.
Imputed income: The court may consider the income that a voluntarily unemployed or underemployed parent would have earned if fully employed as determined from the parent's employment potential and probable earnings based on the parent's recent work history and occupational qualifications, and on prevailing job opportunities and salary levels in the community in which the parent resides.
In-kind support: The court may deviate for significant in-kind contributions, including but not limited to lessons, sports equipment, schooling, or clothing.
Modifications: An order that is more than 10 percent greater or less than the guideline amount is considered a change in circumstances substantial enough to require modification.
Multiple families: Pre-existing child support obligations are deducted from gross income in determining subsequent obligations.
Other features: The guidelines are unusually complex. The July 1993 amendments deleted a list of traditional factors from the statute. Guideline deviation criteria are specified in the statute.
Source: OHIO REV. CODE sec. 3113.215 (as amended by Am. Sub. B. No. 115, eff. July 1993).
Description of guidelines: Percentage of an obligor's net monthly income, which increases with the number of children.
Whose income is considered? Noncustodial parent.
Threshold income: Guidelines apply to all income levels.
Threshold support amount: No threshold. If the obligor has $100 gross monthly income ($93 net), the obligation for one child is $19.53.
Support as a percentage of income: 21 percent for one child and 32 percent for two children for all net income levels.
Treatment of income below the threshold: Not applicable.
Minimum order: Not applicable.
Definition of income: Gross income from any source, earned or unearned, less taxes.
Imputed income: Potential income based on educational level and/or previous work experience may be imputed if the obligor is willfully and voluntarily unemployed or underemployed.
In-kind support: Not addressed.
Modifications: The guidelines apply, but enactment of guidelines is not considered a substantial and material change in circumstances that would authorize a court to modify a child support order.
Multiple families: Not addressed.
Other features: The guidelines set a minimum base for establishing obligations. Stipulations may be submitted to the court for approval without a hearing. The guidelines identify six major goals, including (1) to encourage parents paying support to maintain contact with their children, and (2) to ensure that a minimum amount of child support is set for parents with a low income in order to maintain a bond between the parent and child, to establish patterns of regular payment, and to enable the enforcement agency and party receiving support to maintain contact with the parent paying support.
Source: TENN. CODE ANN. sec. 36-5-101 (e) (1991); Tenn. Admin. Rules, Department of Human Services, Child Support Services Division, chapter 1240-2-4 (1989).
1.The threshold is defined by the guidelines as poverty level ($127 available income per week as of February 1991).
2. In July 1993, Ohio adopted a new guidelines table increasing the threshold income to $6,600, increasing the amount of support paid by obligors with income at the low end of the table, and decreasing the rate of increase in support orders. The new guidelines will not go into effect until at least July 1, 1994, and upon completion of a budget impact study.
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Last updated: 04/26/01