Do courts consider loan payments and taxes when establishing someones ability to pay child support?
In general, when establishing someone’s ability to pay, courts take a parent’s gross income and subtract out any mandatory deductions, arriving at a “net income”. Typical mandatory deductions include things like Social Security and income taxes, whereas things such as loan payments are not considered mandatory. Some courts will consider loan payments and their basis when determining a parent’s ability to pay, but that is entirely within the courts’ discretion. The rationale is that it is more important to pay for your child’s support than to pay back that loan you took out to repair your bathroom. Another typical mandatory expense in many states is existing child support obligations. If you are already paying child support, it is likely you can get this included as a mandatory deduction. Finally, courts will often consider the paying parent’s basic necessities such as food, clothing and shelter when determining how much they can afford to pay.
