When you are going through a divorce and you have children with your spouse, you will likely need to contribute child support. Typically, when parents split up, they also move into different homes. This requires the child to be with one of them primarily, which can require the other parent to contribute financially to help support that child's necessities. Although sometimes child support is determined without legal counsel, it is often dealt with by family lawyers in family law practice in Winter Park. This may require a written agreement on the terms decided by the family and the courts. There are a few things you need to know about child support, how it is determined, and how long it is in effect.
All parents of the children have legal responsibility to provide financial support to their dependent children under the age of 18. A parent that has the bulk of the custody will likely handle their daily needs, such as food, shelter, and other daily necessities, but this also requires assistance from the other parent. They will likely be entitled to receive financial assistance in the form a legally predetermined amount to help with child-raising expenses. In some cases, multiple parents may be responsible for the child support payment. For example, if a parent with custody of a child separates from their marriage with a spouse who is not a birth parent, both the parents may still have responsibility to financially support that child. Biological parents, regardless of their relationship with the child, also have a legal responsibility to help support that child.
As long as the child remains under the age of 18, he is considered to be a dependent and will require child support. This is true unless the child is married, has withdrawn from parental control, has a disability or illness, or is a full-time student. These circumstances could make the child dependent over the age of 18. Full-time students typically receive child support payments until they complete school, regardless of where they are living. This is typically around the age of 22.
After you separate from your spouse, you can apply for child support. Typically, the parent that hosts the child most of the time will be the one who applies to receive financial support from the other parent. Often times, parents apply for both custody and child support simultaneously. This makes the legal process easier and smoother. In some cases, child support is not needed at the beginning of a split, but it can later be requested.
Once the amount of child support is decided upon by the Child Support Guidelines and a judge in court, the parents will be able to work out an agreement on how that payment will be received. There are cases where parents can figure this agreement out on their own, but other times they may require a mediator. The way that you pay child support will be decided on a case-by-case basis, as many different cases require different forms of payment, frequencies, and needs.
If you are going through a divorce with your spouse and your children, understanding these facts about child support will help you through the process. In order to provide financially for your family, you have to understand how this will be evaluated and how it will affect your life. If you are looking for the best legal counsel to help you determine child support with your ex, contact our family law practice in Winter Park today.