We will help you figure out whether child support is applicable when a child is older than 18 years old

Ending a marriage is challenging for both spouses. It involves not only emotional stress but also dealing with numerous legal processes. Divorce becomes more complicated when spouses have children together. We will help you to protect your and your child's rights.  Spouses are equal in terms of their rights in divorce. Either spouse can file for a divorce and get child custody (being a legal parent). Usually, a spouse holding child’s custody is a recipient of child support. Child support is the ongoing money contribution to help pay for the living and medical expenses of children until they are adults. The primary purpose of child support is to maintain a child's standard of living after divorce, the same as during marriage. The rules for determining child support payments vary by state as each state has specific laws, but some fundamental procedures remain similar. Usually, child support is paid until a child turns 18 to a parent with whom a child primarily resides (called custodial parent). However, there are two exceptions to this rule.  First, if a child has disabilities, a custodial parent can get child support from the other parent for the child past 18. The child must be mentally or physically disabled before age 18. To ask a court to order child support payments, a custodial parent shall give a judge proof of the disability, for example, medical documents. Second, child support is paid until a child turns 19 or older if a child is enrolled in high school or the equivalent and resides with a custodial parent.  If either of these conditions applies to your case, a judge is likely to order child support in your case.  A court decides on child support issues on a case-by-case basis. A court considers: the gross income of both parentsnumber and ages of children the existence of other children that the non-custodial parent is paying support tochild support either parent receives from a previous marriageparents' contributions to insurance and daycare which parent is paying for a child's medical care and health insurancewhether either parent lives with a new partner or spouse who contributes to household expensesA judge uses the state's Child Support Guidelines and child support calculating formula to establish an amount of child support. If you want to understand the approximate amount of child support in your case, you can use a free online calculator by searching "child support calculator" and your state's name on the internet.  Child support is usually paid periodically, with a set amount paid monthly. According to the United States Census Bureau, in 2017, $3,431 on average was received by a custodial parent for the year. That's around $300 per month. However, not all parents that were supposed to receive child support received it. About 3 in 10 custodial parents (30%) received no payments from a non-custodial parent. Refusing to pay child support affects a child's living conditions and leads to penalties, such as forced garnishment of wages.  The good thing is that you can decide on the amount of child support without a court. You and your spouse can reach an agreement via negotiations and entering a written Child Support Agreement. It will save you time and money. The Agreement can be incorporated into Divorce Agreement or Settlement Agreement if you have one. The Agreement should include responsibilities of both parents, child support amount, payment frequency and duration, child medical care, and insurance. You must submit the Child Support Agreement to a judge for review and approval, together with other divorce documents. You can use mediation or collaborative family law if you can't agree with your spouse.  If you and your spouse are willing to get divorced and ready to agree on all divorce issues, you can file for an uncontested divorce and do not need to litigate. Otherwise, a court will step in and help you decide on divorce issues. Such a type of divorce is called contested. Generally, the process for an uncontested divorce differs from the process for a contested one. However they both include the same steps. To get a divorce, you should:  Check if you satisfy the residency requirements of a state where you file for a divorceGet an index number (number of your divorce case) and pay the filing fee Understand what type of divorce you will file for (uncontested or contested)One spouse files a Petition for divorce (this spouse is called the petitioner) and necessary court forms for a petitioner that can be obtained from a court's website or from the courtA summons and a petition should be served (delivered) on the other spouse (this spouse is called the respondent) Respondent files an Answer to a petition and other court forms for a respondent that may be necessarySpouses complete and exchange Financial disclosures, documents that include information about each spouse's financial situation during divorce proceedingsSpouses also engage in Divorce discovery, a legal process that allows the spouses to request information from each other formally and third-party witnesses (for example, written questions, subpoenas, and depositions)If you and your spouse agree on divorce issues (including child custody and child support) by yourself, you can file it with a court in the form of a Settlement Agreement to your divorce application and ask the court to approve itAttend a court trial (if you and your spouse haven’t reached agreement on divorce issues, litigation is necessary)  You can try to find common ground with your spouse through any step of the divorce process. You can also try mediation to agree on divorce issues. If you are able to agree, the divorce process will be easier and less expensive You have a possibility to appeal a court's decision on your divorce case Get a Judgment of Divorce signed by a judge. This document officially ends your marriage Determining the amount of child support is essential not only for you but also for your children. When negotiating a child support agreement with your spouse or preparing for a mediation process or court hearing, you should know your rights under the law to get the most favorable conditions. A professional divorce lawyer will help you with this. You can leave your contact information on our website, and we will connect you with a lawyer specializing in child support.