Family divorce law in most states stipulates that judges may have flexibility in determining the amount of child support. Judges, therefore, also have the authority to go beyond the state guideline amounts as required by specific circumstances.

Income

Typically, the parent who earns more or has significantly larger assets is ordered by the court to shoulder most of the child support. If, for example, the parent responsible for raising the child earns more or has more assets than the non-custodial parent, then the non-custodial parent will be ordered to pay a lesser amount of support. This is still true if the situation is reversed. The standard of living enjoyed by the family before the divorce will be taken into consideration by the judge and, depending on the costs or standards, the judge may order the non-custodial parent to pay much more than the state guidelines in order to achieve the same standards for the children.

Unemployment, health problems, bankruptcy

If the non-custodial parent is unemployed, suffering from health problems or has declared bankruptcy, the judge is subject to consider the inability to pay support altogether and may suspend child support payments temporarily until circumstances change or until the parent finds a better job. After getting a better job, the judge may order the non-custodial parent to reimburse the other parent for the expenses incurred in those months that payment was suspended.

Split custody

Split custody is the situation wherein a child or children common between parents split the year between their parents such as being with one parent for the duration of the school year and spending the summer with the other parent. Another example of split custody is when one child lives with the mother and another child lives with the father. In cases wherein the parents opt for split custody, certain guidelines for child support may also be suspended. The judge will allocate child support based on what is already being paid by both parents each year.