Child Support is the legislator’s and court’s attempt to put children of unmarried or divorced parents in the same financial position as they would be if their parents were married. The intent is to take into consideration the cost of the child’s basic necessities, such as food, clothing and shelter. However, any parent would know that there are additional child rearing costs that can be extremely expensive, such as child care and health insurance. Of course, there is also the possibility of extraordinary expenses for health or education, such as, medical expenses due to a chronic illness or tutoring for a child who is struggling in school.
Child support is designed to cover the child’s every financial need, while still taking into consideration the parents’ combined ability and the standard of living they are presumably able to provide.
Does The Paying Parent Have Any Say In How Money Is Spent On A Child?
Unfortunately, the paying parent has little input on how the child support is spent on the child. Perhaps you can negotiate a few things to limit the cost of certain things, for example, insisting that the child only go to in-net-work health care providers, or capping the cost of extra-curricular activities. However, for the most part, the how the child support is spent is determined by the receiving parent.
Which Parent Is Responsible For Providing Health Care Coverage?
That is something the parents can decide for themselves. Whoever has the best coverage for the least cost should take on that responsibility. If the parties cannot put their difference aside to make that objection decision, the court will decide. Regardless, the child support calculator takes into consideration that both parents are responsible for their proportionate shares of this expense and will address the child support amount accordingly.
What Is The Process To Initiate Child Support?
You can either go to your local child support services to get the process started, or it will be handling through your private litigation, including, divorce; legitimation; or modification.
When Do Support Payments Start Generally When There Is A Divorce Involved?
The payments will start shortly after the issuance of the temporary or final order. Typically, courts will start the payment on the 1st of the month immediately following the day of the issuance of the order.
Can It Start During A Separation?
Yes. You can seek child support through a separate maintenance action if you are separated contemplating a divorce. During the pendency of the divorce, a child support obligation can also be established at the temporary hearing.
How Long Will I Have To Pay Child Support?
Unless otherwise agreed, your child support obligation will cease on the child 18th birthday if the child has graduated from high school. However, if the child is 18 years old, but has not graduated from high school, child support will continue until the child graduates, not to exceed the age of 20.
What Can I Do If I Disagree With The Child Support Order When It Is Established By The Court?
Child support is statutory. Not even the Judges are given much discretion about the amount ordered. Unless that has been an error in utilizing the child support calculator, there is nothing you can do about the statutory amount.
What Are Some Possible Reasons For Filing A Petition For Modification?
A change in either of the parents financial circumstances, increase or decrease, can spark a modification of child support, as well as a change in the child’s needs.
Do I Have To Pay My Remaining Arrears When My Child Turns 18?
The arrears will never go away, regardless of the child’s age. If there is a court order that was not followed, and a contempt of court action is filed, the Court will order payment of those arrears regardless of the child’s age.
Can We Avoid Going To Court To Resolve Child Support Matters?
You may not need to go to court to resolve child support matters, but if you want an enforceable child support order, the agreed upon amount must be reviewed and approved by the Judge before signing. The only alternative option is for the parents to simply work it out between the two of them. However, you will not have the benefit of the Court’s enforcement should either party decides to break the agreement. Without a court order, there would be no recourse and the child can potentially
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