Financial Support Involving Child Related Expenses
It is important to understand that although there are official Child Support Guidelines, depending on your income, and how many children are involved among other circumstances, determining child support is often a great deal more complicated than simply finding a number from within the Guidelines. The following are some examples of complications people often encounter when making calculations for support:
- The defining of what is, or is not, a Section 7 (special or extraordinary) expense, as well as when an extracurricular activity, is and is not, an expense to be shared by the parents.
- The determining of an order for support should be from the date of the claim, or retroactive to the date of separation.
- The changes in the payor’s income, due to wage increase/decrease, or termination of employment.
- The review of whether the 40% Rule applies, or we have a split custody situation, whether it should impact support.
- The child has completed school; however, he or she has an impairment or disability preventing him or her from obtaining gainful employment, resulting in the possibility of continued support.
- The dealing with self-employed payors.
- The investigating and determining if the payor is intentionally unemployed or under-employed so we can ask for an income imputation to be made.
- The communicating with the Family Responsibility Office and Social Services around the enforcement of support, driver’s license suspension, and refraining orders.
Rest assured, at Marie G. Michaels & Associates, our experience puts you in the best position to guide you through whatever the issues around child support may be for you.
Where there are children of the marriage or relationship, there is a legal requirement for both parents to share in meeting the children’s financial needs. Child support is frequently paid by the noncustodial parent to the custodial parent in a fixed monthly amount. Child support is the right of a child and courts do not condone the waiving of support by the custodial parents.
There are occasions when a non-biological person may be required to pay child support, because he or she lived with a person who had children from a previous relationship. Our lawyers can tell you what circumstances put you at risk for paying support for children that are not yours.