Understanding how child support is calculated in adoption cases is critical if you have an adopted child and you’re going through a divorce. You want to ensure your child receives what is fair and just and that they are suitably cared for financially.
Whether you are asking for support or maybe the one asked to pay for it, remember that adopting a child means stepping in to fill the shoes of the biological parent. That means you have all the parental rights, but you also have all the financial obligations.
What Do the Courts Look At?
As an adoptive parent, you have the same financial obligations as a biological parent regarding the calculation of support. According to established guidelines, the court will look at several factors to determine the amount of support. Among those factors is your income.
There are many types of income, and it’s possible to discuss the issue in depth. But in most cases, what matters is that the court will look at your income vs. the income of the other parent. Then they will put those figures into the calculation to see how much child support should be paid, and to which party.
Your Taxes Play an Important Role
Your gross income, which means the income you receive before taxes, is what the court will look at. However, income can be reduced through some types of deductions. For example, you may have required dues for the union you belong to or mandatory retirement from your paycheck.
You might also pay some expenses for the child, such as health insurance. If so, you’ll get those things as a tax break or a deduction in the support you’ll be asked to pay.
How you file your taxes also matters. The courts will look into tax factors such as:
- Whether you file single, head of household, married filing jointly, or married filing separately
- If you claim the child on your tax exemptions, giving you a tax break
You have more disposable income when you claim a child on your taxes and receive a tax break. That can mean you could be asked to pay more in support.
However, if the other parent claims the child and receives the tax break, they get the benefit. That means you could pay less in support since they’re benefiting from their taxes, and you aren’t.
The Bottom Line for Child Support in Adoption
Child support for adopted children is treated the same as support for biological children. But every case is different in its specifics and details. If you have questions or want more information about support for your adopted children in a divorce case, we offer an initial consultation. Give us a call, or contact us online, so we can sit down and address your concerns.