How Long Does Child Support Last?
Each parent is obligated to support the minor children of the marriage. A party ordered to provide support for a minor child is required to support that child until the child reaches the age of 18 or still enrolled in high school full time, living with a parent. In that instance, child support continues until a child is 19 or graduates from high school, whichever occurs first.
The obligation to pay child support cannot be waived. However, a party can agree to pay support longer than that required by statute, and in some limited circumstances, such as with an incapacitated child, the Court may order support past that required by statute. In the event a child is legally emancipated, the support obligation ceases.
How Is Child Support Calculated?
Child support is computed according to "Guideline" adopted by the legislature. Parties can agree, without court intervention, as to the amount and method of payment of child support as long as it is reasonable.
Child support is calculated using the income of both parents and the amount of time each party spends with the child pursuant to their parenting arrangement. The Court can consider other factors such as unusual medical or educational expenses in determining child support. Most attorneys, and the Courts, have computer programs to assist them in determining guideline support.
It is difficult, however, to determine what guideline support may be prior to instituting a legal action unless you are able to furnish an attorney with specifics regarding your income, your spouse's income, all appropriate deductions, and the amount of time you expect to have the child in your custody. Even then, any calculation provided is speculative as many factors have not been ultimately determined and if decided differently could cause the calculation to change considerably.
Can You Include A New Spouse's Income In The Calculation Of Child Support?
You cannot include income from a party's new spouse in the determination of child support. Only the income of the spouse who is a party to the action can be considered.
What Other Expenses May You Be Required To Pay?
Unless otherwise determined by the Court, parties are traditionally required to share equally the cost of:
- All reasonable uninsured health care costs; and
- Child Care Costs related to employment or for reasonably necessary education or training for employment skills.
What Expenses Are You Not Required To Pay?
Unless otherwise agreed to by the parties or by order of the Court, neither party is obligated by law to pay for the following:
- College;
- Extracurricular Activities;
- Life Events such as Marriages, Bar/Bat Mitzvahs, Confirmations, Graduations, etc.
- Transportation costs if the parents live in different cities or states and transportation costs are incurred in exchanging the child for visitation.
Therefore, it is important to consider these events when negotiating Marital Settlement Agreements or when pursuing your rights in Court.
Imputed Income?
If one parent has voluntarily reduced their income or is capable of working, but is not, the Court has the power to award support based on that party's earning capacity, or "imputed income." There are many factors that a Court will consider in making this type of order and it is best to seek the advise of counsel if you wish to have a party's earning capacity considered in the determination of child support.
Is Child Support Modifiable?
Child support is modifiable by either party at any time until the support obligation terminates upon any showing of changed circumstances including, but not limited to, changes in visitation schedules and changes in income.
Are Payments Being Made Without A Court Order Enforceable?
If you are currently receiving or paying child support without a court order, the payments are voluntary and cannot be enforced. Therefore, if the supporting spouse decides to stop making these voluntary payments, you cannot request the Court reimburse you child support not paid any time prior to filing a motion to enforce, or to determine, child support.
How Is Spousal Support Determined?
Unlike child support, spousal support is not calculated with the use of an algorithm. There are numerous statutory circumstances to be considered by the Court in determining spousal support. Those circumstances include:
The earning capacity of each party to maintain the standard of living established during the marriage taking into account:
- Marketable skills of each party;
- Time and training to acquire marketable skills;
- Extent future earning capacity is impaired by periods of unemployment during the marriage so that the supported party could devote time to domestic duties;
- The extent the supported party contributed to the career of the supporting party;
- The ability of the supporting party to pay;
- The needs of each party based on standard of living during the marriage;
- The obligations and assets, including the separate property of each party;
- The duration of the marriage;
- The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party;
- The balance of the hardships to each party;
- The goal that the supported party shall be self supporting within a reasonable amount of time;
- Any other factors the court deems just and equitable.
As you can imagine, the amount of support lies clearly within the discretion of the Court based on numerous factors. It may be in the best interests of the parties to attempt to negotiate spousal support to the satisfaction of both parties.
How Long Does Spousal Support Last?
Typically, spousal support for a marriage under 10 years lasts for 1/2 the length of the marriage, at which time the Court's ability to award spousal support after that time is usually terminated. However, this is not a hard and fast rule and based on other factors, the Court could determine spousal support should last for a longer or shorter period of time.
In marriages over 10 years in duration, the Court will generally retain jurisdiction to review the issue of spousal support indefinately. The initial support order in a long term marriage may be for half the length of the marriage, however at the end of that time the court has the power review the issue of support and continue spousal support if warranted. It is also typical for spousal support in a long term marriage to continue until the supporting spouse brings an action in the future to modify based on changed circumstances.
In a long term marriage where the supported spouse is of an age making employment difficult, it is likely the Court will order spousal support to continue as long as the supporting spouse is able to pay support or terminates by operation of law.
When Does Spousal Support Terminate By Operation Of Law?
Spousal Support terminates when the supporting party remarries or dies, or the party providing support dies.
However, beware of the scenario when the supporting spouse remarries and the party providing support is doing so via a wage assignment through their employer. In this instance, the party providing support wants to immediately obtain a stipulation and/or order for spousal support to terminate the day the supported spouse remarries.
Does Cohabitation Terminate Spousal Support?
If the parties agree that cohabitation terminates spousal support, then spousal support will terminate after a party cohabitates with a person of the opposite sex. However, beware of the scenario noted above.
If there is not agreement to terminate spousal support when a party cohabitates after a certain period of time, then spousal support does not terminate by operation of law. In this instance, the supporting party can move the court to review the issue of spousal support as there is a rebuttable presumption that the person cohabitating has a reduced need for support.
Can Spousal Support Be Waived?
Unlike child support that cannot be waived, spousal support can be waived by agreement between the parties, terminating the court's ability to award spousal support based on any circumstances in the future.
Can Spousal Support Be Modified?
In a Marital Settlement Agreement, parties can agree to make spousal support non-modifiable. In this instance then, spousal support would not be modifiable.
It the parties do not agree to make spousal support non-modifiable, then spousal support orders are modifiable upon any showing of changed circumstances as long as the Court's jurisdiction to award support has not terminated by operation of law or due to the agreement of the parties.
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