The above schedule is specifically designed to apply to situations where the obligor’s monthly net resources do not exceed $7500.00. However, if the obligor’s monthly net resources exceed $7500.00, the guidelines set forth in the table will be applied to that portion of the obligor’s net resources which do not exceed $7500.00. The court has the authority to order additional support over and above that required by the guidelines based upon the income of the parties and the proven needs of the child.
If the obligor is required to pay support for more than one child of the same marriage, the child support order must contain a provision for the automatic partial termination of support once each child reaches the age of 18 or otherwise becomes emancipated. The level of support for the remaining child or children must be in compliance with the child support guidelines.
If the obligor is required to support children in more than one household, courts are required to calculate child support using a very specific set of criteria. The court will use the percentage guidelines set forth above and will also make the following computations:
- determine the amount of child support that would be ordered if all children whom the obligor has the legal duty to support lived in one household;
- compute a child support credit for the obligor’s children who are not before the court by dividing the amount required to support all children whom the obligor has a legal duty to support by the total number of children whom the obligor is obligated to support and multiplying that number by the number of the obligor’s children who are not before the court;
- determine the adjusted net resources of the obligor by subtracting the child support credit from the net resources of the obligor;
- determine the child support amount for the children before the court by applying the percentage guidelines for one household for the number of children of the obligor before the court to the obligor’s adjusted net resources
In determining the child support credit, the court will consider all children whom the obligor is legally required to support regardless of with whom those children live. Moreover, the fact that the obligor may be delinquent on a court ordered support obligation is irrelevant in computing the child support credit.