CHILD SUPPORT

After a divorce, the court no longer assumes that a parent is acting in the child's best interest.  The court places a duty to support children on both parties.  The court considers the number of children, children's ages, needs of the children, standard of living of the children, and financial means of the parents.  Once child support has been set, it is not modified absent a substantial change in circumstances of the parties.  Child Support generally continues until a child reaches the age of majority (age 18) unless the child has special physical or mental needs causing the child to be unable to support self or unless the child is attending institutions of higher education and the court has decided to extend the parent's duty to support to help the child while attending school.  However, an order for support of a child over 18 while attending post-secondary schooling is uncommon.   In addition to a general monetary support order, the court can also order a parent to pay for specific things, such as private school tuition or medical insurance.

Parents do not have the right to agree to pre-majority termination of child support.  Child support is for the child, not the parents.  A child is not old enough to protect his/her interest or old enough to enter into a contract.  Any such agreement would probably be considered void or voidable by the courts.  However, such a contract may be ratified by a child once he/she turns 18. 

There is no duty to support step-children once the marriage has ended.  There are two exceptions to this rule.  First, there is a contract to the contrary, such as a prenuptial agreement, which requires the step-parent to provide for support of a step-child.  And second, there is an obligation based on the theory of "equitable estoppel".  If there has been a promise to support, reliance upon that promise, and an interference by the step-parent with the rights of the natural parent, then the an obligation of support of a step-child may arise.  However, this theory is accepted by very few courts and providing proof of the promise, reliance, and interference is extremely difficult.

The Decree of Divorce or other Modification Order for Support may set out the division of certain bills incurred for the children between the parents.  The most common practice is for a clause in the court order requiring each parent to pay 50% of all medical bills after any and all insurance payments.  As between the two parents, each is liable for 50% of the unpaid medical bills.  However, as to a third party such as a medical provider, each party is separately and completely liable for the entire bill.  Each parent has a duty to provide for the full support of the child.  However, a parent may then seek compensation for the payment from the other parent. 

Having a second family is not enough to change the obligation of support owed to any children of a first family.  The second family is started and entered into with the full knowledge of the support owed to children of the first family.  However, it may be considered in determining support.  My experience, though, has been that most judges do not feel sympathetic to the non-custodial parent's problems in supporting children of two or more families.  Special circumstances, like a disable child, may prove more influential.

The custodial parent is the one allowed to claim tax exemptions for a child.

There are a number of remedies used to enforce child support collection.  The most common is wage withholding.  The court also uses jail sentencing (usually for contempt for refusing to obey a court order to pay child support), criminal prosecution (typically only if the child was left without necessities and is very rare), tax intercept programs (intercepting income tax refunds), and termination of parental rights (generally only done if someone else is readily available to provide support such as in an adoption).

A court order requiring the payment of child support of a certain amount is good until changed.  Even if there has been a change of custody or one but not all children have reached the age of majority, the child support obligation and amount of obligation remains in effect until changed.  The parent with the obligation of support has a duty obtain a new court order whenever there has been a substantial change in circumstances requiring a change in support obligations.