A child Support lawyer can help you understand your legal rights when it comes to child support. Child support is a monthly monetary obligation that one parent pays to the other to ease the financial burden associated with caring for their children. These payments are designed to provide for your children’s basic needs, such as housing, food, clothing and medical care.
Each state has its own specific formula for calculating child support. While there are many different factors that are considered when determining who will pay child support and how much, the two most significant factors in most cases are the combined parental incomes and the amount of parenting time each parent has with the child. In addition, the expenses of the child, such as health and dental insurance costs, extracurricular activities and summer camp are also taken into account.
Most states have laws that require both parents to contribute to the support of their children, even when they are no longer living together. This is referred to as “non-custodial” or “non-primary” parent support. When parents are divorced or separated, the parent who has custody of the children may file a petition in family court seeking an order for the other parent to pay child support. If the parties do not agree on a child support amount, a judge will establish that amount by applying the appropriate state law.
It is important to remember that child support payments are a legal responsibility, and that those who do not pay child support may be subjected to contempt of court proceedings. These proceedings can include garnishment of wages, suspension of a driver’s license and withholding federal tax refunds. In addition, a person who is obligated to pay child support can be sent to jail if he or she fails to meet their court-ordered obligations.
The best way to avoid a dispute about child support is for the parties to reach their own agreement, which can be documented in a legal document called a “Support Magistrate’s Order.” During this process, the parties must provide each other with copies of their most recent tax returns, pay stubs and completed financial disclosure statements. Usually, the parties can agree on a support amount that both consider reasonable. In some cases, the parties can also decide to pay for extras such as private lessons for instruments or sports and travel for the children.
In most cases, support ends when a child turns 18 or, if still in high school, 19 unless he or she has a disability that makes it impossible to live independently and be self-supporting. However, a court can extend a child support order beyond this point if the circumstances warrant it. In some cases, the extended child support may be paid until the adult child is married or completes college. The party obligated to pay child support may also apply to change the support amount at any time, but the judge will need to see a substantial change in circumstances to do so.