Child Support is decided based on a calculation that includes the gross income of the parents, and the amount of overnights the child spends with each child.
Child support usually ends when the child turns 18, in the old system, the parent would have to put in a motion to modify the order to remove such support provisions, making the Parent go back to court and modify his/her support when each child turn 18. Beginning on October 12st, 2010, child support orders must be written differently. Any new child support order shall list the date the support will self-terminate. Normally, that date would be the 18th birthday of the child – or an alternate date based on extenuating circumstances. If there are multiple children, the order must contain a breakout of support amounts for each child, and a schedule of dates showing when the support for each child terminates.
The bottom line: parents will not be required to return to court when their child becomes an adult.
Child support is calculated by a standard formula for some situations. In the past, this standard formula would be changed to an alternate formula (which drastically lowers the support amount) when the non-custodial parent would have the children for 146 overnights in a year. However, the new statute changes the trigger point from 146 overnights to 73 overnights. Because most non-custodial parents enjoy at least 73 overnights of parenting time – most situations will qualify for the alternate support calculation. That alternate calculation is called “Substantial Time Sharing.” Once the alternate calculation is triggered, child support will vary according to the exact amount of overnight parenting time each parent is responsible for.
If you would like to inquire further, please contact one of the experienced attorneys at the Law Office of Michael M. Raheb, P.A. and we will offer you a free consultation on all family law matters.