If you are going through a divorce and have children, there is a good chance that you will need to deal with child support issues. These issues can be incredibly divisive, and many people do not even know how the court decides on child support. Here are five important factors that go into child support decisions:
- Income of both parents
- Before deciding whether awarding child support is appropriate, the court will look at the incomes of both parents. If the custodial parent makes substantially less money than the non-custodial parent, they will be much more likely to award child support. On the other hand, if the custodial parent has much more money than the non-custodial parent, it is less likely that child support will be awarded by the court.
- Number of dependents
- Assuming the judge chooses to grant child support, the next question is the number of dependents both parents have. While it is reasonably common for one parent to get all of the children, there are other, more complex arrangements that can happen when multiple children are involved. Child support decisions often need to adjust for these cases to ensure all children are adequately cared for.
- Number of overnight visits
- The term “custodial parent” is sometimes misleading. The term simply refers to who has primary custody, while the “non-custodial parent” may have visitation rights, with their children staying over some of the time. The more overnight visits children make to their non-custodial parent, the more their child support gets adjusted accordingly.
- Child care costs
- The primary reason for awarding child support is to deal with the costs of child care. Food, clothing, housing, and education are just some of the expenses that child support is meant to cover, and that is not including any additional expenses needed for child rearing. Child support decisions are often adjusted to deal with shifts in the cost of child care, especially for children with special needs who may require more specialized care.
- Health care costs
- Even when children are reasonably healthy, it can be expensive to treat their various illnesses and injuries. However, when a child has a chronic medical condition, the cost of health care can skyrocket. This may include doctor’s visits, medication, or rehabilitation, among many other potential health care expenses. Child support decisions usually take these costs into account, especially when one or more children requires regular care to remain healthy.
If you have questions regarding child custody or other aspects of family law, you should seek advice from an attorney experienced in handling these matters. A New York matrimonial lawyer, who is experienced in handling family law cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you are facing a dispute related to the equitable distribution of property, child custody, child support, or any other family law issue, contact the Suffolk County family court lawyers at McGuire, Peláez and Bennett at (631) 348-1702.
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