Legal Separation

• Similar to a divorce, in a legal separation specific grounds must be alleged and proven. However, unlike a divorce, a legal separation decree does not terminate marital status. Legal separation is also different from a separate maintenance decree. Although the marriage is not terminated in a separate maintenance, specific grounds do not need to be proven. Instead separate maintenance is based upon a spouse's financial need for support.
  
  

Child Support: A Historical Perspective

• In English common law, child support was a moral, but not a legal obligation. The obligation was placed upon the father, while no obligation on the mother. In contrast, most jurisdictions in the United States consider child support a father's legal duty. At first, a father's obligation was only enforceable through common law doctrine. Eventually lawmakers drafted statutes outlining a father's paternal duty to provide child support.
  
  

Child Support Guidelines

• Each state is required to adopt child-support guidelines to avoid inadequate and inconsistent awards. State guidelines provide specific numeric criteria for award computations. Under certain circumstances, deviation from guidelines may be permitted.
  
  Child support guidelines vary from state to state. Most states have used one of three common methods in calculating support awards. These approaches are percentage of income, income shares and the Melson formula.
  
  

Percentage of Income

• The percentage-of-income method uses a fixed percentage of the noncustodial parent's income to calculate support awards. Usually the number of children may be a relevant variable in the formula. However, some states permit consideration of other factors. Many times by not considering multiple factors, inequality may occur. For example, a mother with a part-time, low-paying job may receive the same award as a mother with a full-time, high-paying career.
  
  

Income Shares

• The income-shares method attempts to provide children the same share of parental income they would have received if the family stayed together. This method combines the income of both parents. A basic support obligation is then computed and allocated in proportion to income. The custodial parent is assumed to be paying his or her share through direct expenses of caring for the children.
  
  

The Melson Formula

• The Melson formula combines aspects from both the percentage-of-income method and the income-shares approach. In this method, the noncustodial parent is first entitled to keep a minimum level of income for essential living expenses. Until basic child needs have been met, the noncustodial parent is not allowed to keep income above the minimum level. Once needs are met, a percentage of remaining income is allocated to the support payment.