In family laws, child support is an ongoing monetary help a financially stable partner gives to the other party to take care of the child. How much child custody will be determined by the judge mulling over a variety of factors. Now, you probably wonder how long the child support lasts, whether the supporting partner or receiver of the support, here are the following condition under which the child support is terminated:-
- Your child is not a minor, so the answer to the popular query “does child support end at 18” is Yes. However, there is a condition, if the child has special needs or in school still, then the child support will continue.
- If your child joins the army. In most states, this is one factor for the end of child support. You’ll have to file a motion in the court for termination of child support.
- Your parental rights are determined via adoption or any other legal process.
- If your kid has been declared as emancipated by the court, then he/she is self-responsible for meeting the fundamental needs of life.
Is There Financial Liability Of Stepfathers?
No, the stepfathers are not responsible for financially supporting the child. It can only happen if they adopt the child from the child’s biological father. Once the adoption process is completed, they become liable to support the kid financially.
How the Amount of Child Support is Determined?
As per the federal laws in the US, each state is required to come up with its guidelines for calculating child support. Mainly, the amount of child support is determined by the income of both the partners and their expenses.
However, states have discretion between one another; therefore, you can expect the child support payments to vary significantly from one state to another. The judges may rope in several key factors like the living standards of the kid before the divorce, the specific needs of the child, the parent’s ability to pay the support, and custodial parent’s resources. The noncustodial parent must explain the financial condition in the court so that the judge makes a reasonable and fair decision.
Modifying the Child Support Amount
It majorly depends upon the judge and the present circumstances. The child support amount is never reduced if the financially supporting partner leaves their full-time job. However, if the partner loses their job, and gets a low-paying job, then the reduction could be considered.
Permanent change in the child support is considered in the following scenarios:-
When the parent’s income is changed post remarriage.
The child has unique needs compared to what was considered during the child support.
Either partner’s job has been affected.
Only the family law judge has the right to mandate a child support amount change. But, first, if you’re a financially supporting parent, you’re required to submit the request for modification to the court. Only if both the partners agree, the change is made; it’s a simple process. In case one of the partners disagrees, then you’ll have to hire a family law attorney to fight your case for hearing.
The parent who wants the change must provide every minute detail on why the change in the child support payments needs to be made, what amount they feel is right, and explain with compelling reasons and numbers.
The court may order a temporary change in the child support payments if a medical emergency is faced by the supporting partner.
Withholding Child Support
A common complaint fathers have is that their partner is not honouring the child custody agreement mandated by the court, so they withhold the child support. Visitation and child support are two different things that must not be mixed; otherwise, your case will become weak in the court.
If your ex isn’t adhering to the child custody norms, then you’ve every right to bring the issue in front of the judge and let them decide. You’ve to financially support your child, regardless of your issue with your ex.
In the end, the answer to your question “when does child support end” is in most likelihood is 18 years, when your child becomes an adult.
If you need more advice and educate yourself with child support laws in your state, seek the consultation of a reliable local family law attorney. A lawyer battling child custody is well-aware of every fundamental aspect and may suggest how you go about the child support battle. Whether you are a partner providing the support or receiving it, their expertise would prove to be fruitful for you in court.