Calculating Your Child Support

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1. Introduction
2. Get the Court Forms
3. Fill out the Child Support Affidavit
4. Fill out the Child Support Worksheet
5. What if my income is very low and I can't afford to pay?
6. What if I think the Child Support Guidelines don't work for my case?
7. If you have more questions...
8. Criteria For Deviating From Support Guidelines

We are keeping these step-by-step instructions posted, in case you want to see exactly how the Maine Courts calculate child support under the Maine Child Support Guidelines. But if you want a faster, easier way to do the calculation, use our self-calculating .pdf form.

Introduction

Although it may seem confusing at first, calculating a proposed child support amount is not all that difficult. You must use the Court's Child Support Table (titled the "Maine Schedule of Basic Child Support Obligations") to figure out the amount of child support a parent must pay. The amount calculated under the Table is presumed to be the right amount. If you want a larger or smaller amount, you need to explain to the judge why the Table shouldn't be used.

This information tells you how to use the Child Support Guidelines and how to fill out the Child Support Worksheet and the Child Support Affidavit.

If you are preparing for a DHHS support hearing, rather than a Court case, go to:  Child Support and Debt Due for Past Support:  How Much Do I Owe?

Step 1. Get the Court Forms

The first thing you must do is get the forms you will need. You can get these forms from any court clerk's office. You can also get the forms from our forms page.  You can find self-calculating versions of the Child Support Worksheet and Child Support Affidavit there. You may find that using those automated forms is easier than going through all of the steps outlined below.

The .pdf sample forms linked below are not the actual forms. They are only samples. To be sure you are doing this right, use the forms and Guidelines you got from the court clerk or our court forms pages.

If you are bringing a Divorce or Parental Rights complaint--or a Motion to Amend or Enforce a family law order--there are additional forms you will need to complete, serve, and file.  Go to the court clerk's office to get a forms packet, or read our online handbook Divorce and Parental Rights in Maine  or Family Law in Maine: Post-Judgment Motions and use our online forms as instructed there. 

Step 2. Fill out the Child Support Affidavit

First you need to fill out the Child Support Affidavit. Both you and the other parent need to fill out your own form. If the other party refuses, you can fill out one for him, using your best estimate of his income.

The purpose of the Affidavit is to give the Court a reliable statement of your income and expenses. It is not difficult to fill out. You just need to collect all the information asked for on the form. If you have earnings, attach the most recent W-2 form and pay stub. Once you have completed the Affidavit, sign it in front of a notary, an attorney, or the court clerk.

Give a copy of your Affidavit to the other parent, and get of copy of hers for yourself. The original Affidavit goes to the court. Affidavits should be exchanged and filed with the court at least 3 days before the first case management conference.

Go here to see sample Child Support Affidavits.

Note: You will need Adobe Acrobat Reader to view these documents. If you need help downloading this free software go here

The sample form has been filled out for this pretend family:

Step 3. Fill out the Child Support Worksheet

Only one Worksheet needs to be completed and filed with the court. Go here to see a sample Child Support Worksheet completed for the pretend family.(This document also shows the Court's Worksheet instructions.) Go here to see an underlined section of the Child Support Guidelines.)

The sample Worksheet is similar to the one you will get from the clerk's office or forms page. The actual form is a two-sided form, with the Calculating "Amount from Table" instructions on the back.

Again, if you have relatively up-to-date software, you can opt to use our self-calculating forms:

Child Support Worksheet - self-calculating .pdf

What if my income is very low and I can't afford to pay?

If your children live most of the time with the other parent and your income is very low, look at the Table to see if your income falls within the shaded area at the low end of the chart. If your income is in this lowest range, then find your support amount on the Table using only your annual gross income (not both parents' combined income).

What if I think the Child Support Guidelines don't work for my case?

The Criteria For Deviating From Support Guidelines lists factors that the Court can consider to order a different amount. If you want the Court to order a different amount of child support than the amount on your worksheet, tell the Judge or Magistrate how much you think the support amount should be. You must be ready to explain why your situation fits one of the reasons listed in the linked Criteria.

Where both parents provide "substantially equal care," the child support calculation will be different. The calculation is more complicated. If you can't afford a lawyer, you will probably need help from the Magistrate, a Courthouse Assistance Project or the VLP HelpLine to calculate the basic weekly child support amount. If either party needs to rely on TANF for basic income, you should avoid a "substantially equal care" arrangement. If this is ordered, you will most likely lose your TANF benefits.

If you have more questions...

Call the Maine Volunteer Lawyers Project (VLP) at 1-800-442-4293 to make an appointment for a Helpline volunteer to call you on a Wednesday evening. Also, Courthouse Assistance Projects are now operating in several courts; trained volunteers go to some courts on a weekly or monthly basis to answer questions or help you fill out the forms.

If you still have questions about the child support calculations when you go to your first court conference, ask the Magistrate for help.

Criteria For Deviating From Support Guidelines

These are reasons that the Court may use to order a child support amount that differs from the child support guidelines.

A. The application of Section 2006, Sub-section 5, Paragraph D or D-1 [the "substantially equal care" provisions] would be unjust, inequitable or not in the child's best interest;

B. The number of children for whom support is being determined is greater than 6;

C. The interrelation of the total support obligation established under the support guidelines for child support, the division of property and any award of spousal support made in the same proceeding for which a parental support obligation is being determined;

D. The financial resources of each child;

E. The financial resources and needs of a party, including non-recurring income not included in the definition of gross income;

F. The standard of living each child would have enjoyed had the marital relationship continued;

G. The physical and emotional conditions of each child;

H. The educational needs of each child;

I. Inflation with relation to the cost of living;

J. Available income and financial contributions of the domestic associate or current spouse of each party;

K. The existence of other persons who are actually financially dependent on either party, including, but not limited to, elderly, disabled or infirm relatives, or adult children pursuing post-secondary education. If the primary care provider is legally responsible for another minor child who resides in the household and if the computation of a theoretical support obligation on behalf of the primary care provider would result in a significantly greater parental support obligation on the part of the non-primary care provider, that factor may be considered;

L. The tax consequences if the obligor is awarded any tax benefits.  In determining the allocation of tax exemptions for children, the court may consider which party will have the greatest benefit from receiving the allocation;

M. [Deleted as of September 21, 2001]

N. The fact that income at a reasonable rate of return may be imputed to non-income producing assets with an aggregate fair market value of $10,000 or more, other than an ordinary residence or other asset from which each child derives a substantial benefit;

O. The existence of special circumstances regarding a child 12 years of age or older, for the child's best interest, requires that the primary residential care provider continue to provide for employment-related day care;

P. An obligor party's substantial financial obligation regarding the costs of transportation of each child for purposes of parent and child contact. To be considered substantial, the transportation costs must exceed 15% of the yearly support obligation;

Q. A finding by the court or hearing officer that the application of the support guidelines would be unjust, inappropriate or not in the child's best interest.

Divorce and Parental Rights in Maine

Divorce and Separation:  Where Can I Get Help?

Revised December 2008
PTLA # 326