Parents have a legal obligation to support their children regardless of whether they live with them, see them, or take care of them, and a child has a legal right to be supported financially by their parents.
When parents separate, the parent who takes care of the child or children the most is entitled to receive a payment of child support from the other parent. If the child or children spend equal (or almost equal) time with both parents, the parent with the higher income will usually have to pay child support in an offset amount.
The money that’s provided to the receiving parent helps to support and provide for the daily needs of the child or children, and is often referred to as child maintenance or child support. The idea is that the child should receive the same level of support from both parents as if they still lived together. Even though the money may not be paid directly to the child, the child has a legal right to the money.
Child support is determined based on the income of each parent and the Federal Child Support Guidelines. There are two components to child support:
- Monthly maintenance for day-to-day living expenses of the child. This amount is generally determined based on incomes and a set Table amount;
and,
- Special or Extraordinary Expenses such as costs for medical treatment, child care and other reasonable expenses for the child. Parents generally pay these expenses proportionally based on their respective incomes.
We can assist you with any child support issues you may be having and help you to come to a reasonable and fair agreement.