Divorce - Child Support

Question 1

When are natural parents liable for support?

Answer 1

• chidren until age 21
• if child 18 and becomes emancipated or finacially independent

Question 2

What are they liable to pay for?

Answer 2

• One or both liable for:
  
  • care
  • maintenance
  • education
• a fair & resaonable sum of their means
• Ct may make division from one or both
• Child has a right to support due to best efforts of both parents
• amount is based on a statutory calculation

Question 3

How is child support calculation?

Answer 3

• Based on combined parental income: (CPI) === $141K
  
  • gross income
  • investment income
  • other sourses: employment benefits, pension, stipends, annuity, public assistance, gifts
• Deductions maid
  
  • maintenance to a prior spouse
  • alimony to a present spouse
  • child support to a child of a prior
• What is the percentage
  
  • 1 child - 17%
  • 2 - 25%
  • 3 - 29 %
  • 4 - 31%
  • 5+ - 35%

Question 4

What happens if the CPI exceeds the cap ($141K)?

Answer 4

• Courts will appliy the % to the excess and take these factors into consideration:
  
  • financial resources of each parent or child
  • physical/emotional health of child
  • standard of living of the child before dissolution of the marriage
  • tax consequences
  • non-monetary contribution
  • educational need of each parent
  • determination that one parent has substantially less income than the other
  • needs of the children of the noncustodial parent who get support & not subject to the action
  • extradinary expenses incurred by noncustodial parent for visitation where child not on public assistance

Question 5

What are the responsibility of stepparents?

Answer 5

• if the spouse adopted a child child after teh spouse began living apart then they are not liable
• a stepparent living with will become secondarily liable to the sxtent that support from the biological parent is insufficient to keep the child off of public assistance

Question 6

What does it mean to be emancipated?

Answer 6

• a child that has abandoned the home against the parent’s consent = no support
  
  • except - parents can contribute a reasonable sum if the child was on welfare

Question 7

How is child support modified?

Answer 7

• modified at anytime
• even if not in divorce, you still liable
• must be in compliance until decree is changed
• if child is not receiving adequate support, do not have to show a change in cicrumstances
• interference of w/holding visitation is not grounds to withhold or cancel