Many people mistakenly believe that they can stop paying child support when the child turns 18, but that isn’t always the case. Every state has different child support laws, and payments may not end when the child graduates from high school. Some states stipulate that divorced parents must pay child support until the child turns 21.
Lump Sum Support
Spousal support and child support are separate issues. Many states enforce waivers of the right to seek spousal support modifications, but most do not allow parents to waive their rights to seek child support modifications. Even if parents enter into an agreement regarding a lump sum payment, it’s the judge’s decision to enforce the agreement.
The End of Spousal Support
Many people use spousal support payments as a bargaining tool when they’re going through a divorce. Those who pay spousal support may want to establish an ending date to protect their own finances, and recipients can waive their rights to further payments by accepting a lump sum or increased monthly payments for a short time. If a marriage is long, the person paying spousal support may feel that negotiations are the easiest way to get out of making a payment each month.
Income Guidelines
Most states’ child support guidelines consider both parents’ income. The percentage contributed by each parent helps to determine the amount to be paid. Some states base their formulas on gross income while other states use net income. Law offices in Martinsburg, WV. can tell clients more about state law and how it applies to their particular situation.
Deductions
If a parent is paying child support or spousal support on a previous relationship, they will generally be able to deduct those payments from their income. Parents must meet two criteria to qualify: The support payments must be according to a court order and they must be current. Parents cannot make deductions for the support of subsequent spouses and children.
Getting Solid Legal Advice
When a person has questions about child support and spousal support payments, they should contact Business Name. Law offices in Martinsburg, WV. can handle cases in family and divorce courts. Every case is different, and each state’s laws may vary considerably.
