Court Orders

Repaying Birth Costs

Setting birth costs repayment amounts

Under federal rules, child support agencies will ask the court to set the lower amount of:

1. Five percent (5%) of the father’s monthly income over a 36-month period (3 years).
   


• For low-income payers, the amount may be less than 5% of the father’s income.
  
2. Half the regional average amount for birth costs
   
       OR
   
   Half the actual birth costs up to the full regional average amount for birth costs.

A father’s monthly income is his actual gross income or the amount of income that he has the “ability to earn.” The court may look at the father’s entire financial situation.

Important to know: Under state law, the court may use another method to set birth cost amounts. See what this might mean to your tax refunds.

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