Child Support Guidelines and Laws

Child support can be a daunting matter if you aren’t one hundred percent up to date on the intimate workings of the law. This is why you need to work with an experienced divorce lawyer, who can guide you through everything.

There has always been a little bit of confusion with child support guidelines and laws. But basic rules have been established to make the process more predictable and consistent. Here are some of the main things to understand about child support guidelines and laws.

No Tax Deductibility

As of May of 1997, no child support is considered taxable or deductible.

But, those receiving child support for an agreement made before May of 1997, there must be continued payment of the support’s taxes.

Rights to Claiming Support

The Divorce Act makes it very clear as to exactly what person is fully entitled to child support funds.

Under the Divorce act, only a spouse of the party that is responsible for the child. Or a former spouse of the party that is responsible for the child can claim child support.

Classification of Eligibility

According to the child support guidelines set forth by the Divorce Act, the child must be a “child of marriage”. A child of marriage is determined by the spousal status of the parents. The child must be born of either two spouses or former spouses.

The child must also not be under the age of majority, eighteen years old, and cannot in any way be withdrawn from any kind of parental control. The child must also be unmarried and enrolled in a full time program of education.

Children Older than 18

Child support guidelines do not determine an absolute cutoff age for child support. But there is no obligation at all for married couples to continue supporting adult children. If the child is expected to enroll in a full time program of education in the future, then this factor may come into play in considering their eligibility for support.

Unlike a minor, an adult child’s rejection of the parent may be considered grounds for child support to be denied in accordance with child support guidelines and laws.

Divorce law and family law overall are complicated subjects that due best with the help of experienced attorneys.