The state’s child support laws can be confusing and add another layer of stress when you are going through a divorce. If you share children with your former spouse, you should speak with a Montclair child support lawyer. Our family law attorneys could explain what your rights and obligations are under the state’s laws as well as present a thorough case for the court’s review.
In many cases, the court bases the final child support obligation that each parent must pay on the state’s formula. This formula considers a wide range of factors, including the income of each parent, the costs associated with the child’s upbringing, and whether or not either party must pay alimony.
When the child’s parents earn substantial salaries, their incomes may fall outside of the state’s formula for calculating support. The court may then go beyond the statute’s guidelines and determine each parent’s financial obligation based on the facts of their specific situation. A Montclair attorney could offer continuous guidance during someone’s child support case and further explain their specific financial obligations.
Child support exists to pay for necessary expenses, such as clothing, food, and a home for the child. However, these payments could extend to a variety of other costs needed for the child’s daily life and upbringing. For example, child support may cover the cost of public transportation or car insurance for the vehicle required to transport the child to school. Healthcare is another high cost child support may cover. A parent also may request financial assistance for any expenses associated with the recreational activities in which their child is involved.
A common misconception with these cases is that the parent who has primary custody does not have to pay support. Both parents are required to ensure the financial wellbeing of their child until a certain age. The standard age limit for a child to receive financial assistance is 19. However, a parent’s support obligation can extend beyond their child’s 19th birthday in some instances.
For example, if the child is still attending high school or is enrolled in university on a full-time basis, a parent could have the obligation to pay child support until they graduate.
Another potential exception to this rule is if the child is 18 and wishes to be emancipated, the parents can submit a petition for emancipation and terminate their obligation to pay child support. A Montclair lawyer could explain someone’s child support obligation as well as any exceptions that could specifically apply to their case.
A Montclair child support lawyer could help with all aspects of your case and work hard to protect the financial stability of your family. More importantly, our attorneys could put your child’s best interests at the forefront of your case and advocate for your parental rights at each stage in the process. To start reviewing your case with a legal professional, schedule your consultation today.