Divorce with children almost always triggers child support. Courts intend for these payments to help make sure the child has funds to meet their needs. Although most cases result in both parents playing a financial role in the rearing of their children, there are situations when the court will not require one parent to make child support payments after a divorce. The four primary examples include parental agreement, income disparity, adoption, and when the children are over the age of eighteen.
#1: Parental agreement
There are many different situations where the parents may agree to an arrangement where one does not pay child support. This could include both parents spending equal time with the children and having similar incomes, one parent having primary custody and not making additional financial contributions or a situation where the other parent has a higher income.
#2: Income disparity
When one parent has a significantly higher income it is not uncommon for the court to have that parent contribute to the financial needs of the child regardless of how much time they spend with the child. If, in this case, you are the parent with a lower income you may still receive child support from the other parent even if they have equal time with the child.
#3: Adoption
There are also situations where another adult, such as a second husband or wife, agrees to adopt the child. In these cases, the court may agree that the biological parent who has given up parental rights no longer has to pay child support.
#4: Adult children
If the children are adults during the divorce proceeding it is likely that the court will not require child support payments. If the children were minors at the time of the divorce, support payments generally expire once they reach 18 years of age. There are situations when child support payments for adult children could still be an issue, such as a child with special needs or attending college. In these cases, the court may want both parents to provide financial contributions to help meet the child’s needs.
Every family has unique legal needs, and it is important to seek counsel that can help you navigate these complicated issues. The attorneys at Korshak & Associates, P.A. can provide guidance during these difficult times and help better ensure you have what you need to transition into life after divorce without any unexpected surprises.
