How will a judge decide the amount of a child support award?
The judge will use two slightly different calculations to determine child support depending on whether you have sole or shared physical custody of your child. You are considered to have shared physical custody when your child lives with you for between 40% and 60% of the year.1 If your child lives with you over 60% of the year, that is considered sole physical custody.
The court will calculate an adjusted gross income for each parent, deducting certain costs for things like other court-ordered child or spousal support and medical insurance.2 These two amounts are then added together to calculate the combined adjusted gross income, and the judge will use a chart created by the Attorney General’s Office to calculate a percentage of that combined amount to be paid as child support. This final amount is calculated by the number of children involved and the percentage of the combined adjusted gross income that each parent earns.3
The minimum amount of child support that the judge can order the other parent to pay you is $50 per month.4 The judge can then add additional amounts, including for child care and educational costs, to the order.5 If the judge believes that the other parent is not earning the full amount of income that s/he is capable of earning, the judge can add additional income to determine the other parent’s adjusted gross income.6
If you have shared custody, an adjustment is made to account for expenses that might be duplicated between you and the other parent, such as costs that you both pay to maintain separate bedrooms for your child.7 The judge in this situation also uses a calculation that takes into account what percentage of the year the child is with each parent.8
The judge is also required to include medical insurance in your child support order. This means the order will say which parent is required to provide health insurance coverage and what percentage of uncovered medical expenses each of you must pay.9
1 19 Guam R. & Regs. § 1204(a)
2 19 Guam R. & Regs. §§ 1203(a), (b); 1204(d)
3 19 Guam R. & Regs. § 1203(c), (d), (f)
4 19 Guam R. & Regs. § 1203(d)
5 19 Guam R. & Regs. § 1203(e)
6 19 Guam R. & Regs. § 1203(a)(5)
7 19 Guam R. & Regs. § 1204(c)
8 19 Guam R. & Regs. § 1204(e)
9 19 Guam R. & Regs. § 1206; 5 Guam Code § 34128(a)