Archive for category: Family Law

Over 14.7 million children currently live in households that receive child support payments. This amounts to about 1/5 of kids across the US. If your family is included among these ranks, you’re far from alone. If you’re just beginning to process of collecting this aid, you likely don’t know exactly what support you’re receiving.

So, what does child support cover, exactly? Read on to learn the ins and outs of these payments.

What Does Child Support Cover?

Child support will cover different things based on your family’s individual needs. One thing that it will always pay for, though, is your child’s basic living expenses. This will make up about 53% of the funds that you get from your ex-partner.

“Basic necessities” are defined as food, clothing, and shelter. This covers both groceries and other food items when you eat out at restaurants. You also can use the money to cover rent, mortgage, shoes, jackets, and seasonally appropriate clothing.

Note that shelter needs also go beyond mortgage and rent payments. It also covers internet bills and electric bills. Lighting and other utility bills also qualify as basic needs.

Medical Care and Expenses

Medical expenses are often frequently included in child support payments. It’s important to negotiate these expenses prior to the start of child support payments. The sum will be added to a monthly amount and given to the primary caregiver.

Out-of-pocket payments for medical care often require both parents to pay a certain percentage of the bill. If both parties make the same amount of money, this would be a 50/50 split.

Basic Educational Fees

There’s a common misconception that education is free if a child is in the public school system. However, even public classroom learning requires parents to foot bills for necessities like:

• Lunch money
• School uniforms (or other school-appropriate clothing)
• Textbooks
• Tuition fees (in certain areas)
• Tutors for additional assistance

It’s reasonable that these fees should be considered when setting up child support payments.

Unfortunately, not all states require these expenses to be accounted for. If you live in one such state, you’ll need to work with a lawyer to negotiate terms that are agreeable to you. You likely will independently agree on a percentage-based system with the other parent so that each of you foots a reasonable amount of the bills.

Situational Expenses

In addition to these basic necessities, many parents reasonably expect other expenses to be covered by child support. School supplies are one education-related expense that’s in murky territory. Other things that may or may not be covered include:

• Transportation to and from school
• Transportation between parents who don’t live near each other
• Expenses related to extracurricular activities
• Automobile expenses for children aged 16 and older
• Household goods and furniture that don’t fall under basic housing needs

Working with a family attorney to get the best court ordered child support deal is your best bet for getting these expenses covered. While the other parent isn’t going to pay for everything, regular support payments can take a huge burden off your shoulders.

Health Insurance

Both parents are responsible for a child’s medical expenses. However, child support payments do not cover health insurance.

Since most court orders do allow the primary caregiver some money that goes toward medical expenses, though, this sum can be applied to purchasing state-sponsored insurance. This usually is only required if neither parent has sufficient insurance through their workplace.

If one or both parent gets workplace health benefits, the child will be set up under that plan. The court will not include funds for health insurance within the final child support order.

This is the ideal scenario because the money received for medical expenses can then go toward “extraordinary” costs like braces and glasses. If you need to use it to buy insurance, you’re likely on your own for “extraordinary” expenses.

Daycare

Child care is not usually included in support guidelines across the United States. Unfortunately, most kids who live with a single or separated parent need daycare or nanny services. After all, someone needs to look after them while that parent works.

Luckily, most courts acknowledge this and split the cost of childcare 50/50. If you have a good attorney who advocates for you, you may also get judges to take other factors like income into account. If one parent makes significantly more than the other, they may need to put more money toward daycare expenses.

College Tuition

In most states, 18 is the age of majority. Often, parents no longer need to pay child support at this point. However, this isn’t always the case.

Courts usually have the discretion to order both parents to pay for their child’s college education. There are several factors that judges will consider, including:

• How financially dependent the child still is
• The financial circumstances of each parent
• The long-term expectations that the parents had for the child
• Whether the child qualifies for loans, financial aid, and scholarships

How Is Child Support Calculated?

Once the courts figure out what expenses the child needs to be covered, they’ll look at a variety of factors to determine the sum of monthly child support payments.

The needs of the child are the first consideration. For example, a chronically ill child with more medical bills might require higher support payments than a healthy one would. A teenager between 15-17 years old will cost about $600 more monthly than a child under 2.

Courts also look at the amount of time that the child spends with each parent. If one parent cares for them year-round, the other may need to pay more support to make up for their freedom.

The general financial situation of each parent is also a factor. If one makes more money, they may need to pay more. If one is willfully unemployed or underemployed, that may affect the sum, too.

Talk With a Family Attorney Today

So, what does child support cover?

The underwhelming answer is that it depends, but there are certain things that will always be included in payments. Now that you know what to expect, it’s time to get legal assistance with your child support case.

A quality lawyer will represent the interests of yourself and your child when negotiating adequate support payments. Contact our team to get in touch with a reputable lawyer in your area.

According to survey results, Americans’ knowledge of civic law has jumped in the last couple of years. However, knowing your civic rights is a very different kettle of fish from family law. Most people are largely unaware of what family law involves until they find themselves facing things like divorce or child custody arrangements

So what is family law? Family law is a crucial branch of law that governs matters related to family, shared property, and dependents. 

If you’re entering into marriage, dissolving one, or dealing with any other family matter that involves things like division of property, child support, etc. you might want to familiarize yourself with some of the basic facts around family law. 

Get informed and keep reading to find out 8 key things to know about family law. 

1. Estate Planning Falls Under Family Law

Estate planning is one of the most critical (and often overlooked) areas that family law encompasses. Reports reveal that 67% of Americans don’t have an estate plan. 

One reason for this is that most of us don’t enjoy thinking about our mortality. Estate planning can easily become one of those personal “admin” tasks that get put on the back burner. 

However, proper estate planning is critical for ensuring the financial security of your family. It can also help preserve family relationships, reduce disputes, and cut down on the costs involved in winding up a diseased estate.

If you need to conduct estate planning, one of the first things to do is seek out a lawyer who specializes in family law. They will be able to help you develop a plan to mitigate estate taxes, draft a clear, undisputable will, draft living trusts, and help you create things like a durable power of attorney 

2. Prenuptials Are Another Area of Family Law

Many people are aware that divorce is a family court matter, but did you know that pre-nuptials are another branch of family law?

Just like family law governs the dissolution of marriage, it also covers marriage contracts.

Similar to estate planning, marriage contracts are another area of family law that is very easy to overlook. If you’re caught up in the early stages of romance, the last thing you probably want to think about is legal matters. 

However, creating a well-thought-out, comprehensive marriage contract is critical. Marriage contracts and pre-nuptial agreements stipulate how your property is combined, and how it’s divided should your marriage come to an end. 

Most couples do not want to consider this eventuality when they’re on the verge of tying the knot. But creating a comprehensive marriage contract is as important as drawing up a will. Often, marriage contracts and wills overlap, as they both deal with what happens to your property in the event of your death. 

3. Family Law Also Covers Abuse and Domestic Violence

Because family law handles matters relating to family, it also covers abuse and domestic violence. If you, your child, or someone you know has suffered from domestic abuse, you should consult with an attorney who specializes in family law as soon as possible. 

4. If You’re Getting a Divorce You’ll Want to Hire a Family Lawyer

Divorce is one of the most well-known branches of family law. Family law governs how property is divided during a divorce and how alimony is determined. It also decrees what constitutes as legal grounds for divorce, and who is the “at-fault” party in states that operate under the fault divorce system. 

If you’re in the process of getting divorced, a family attorney can help you navigate the process and ensure an equitable outcome. 

5. Family Law Encompasses Child Custody Matters

If there are children in a marriage, child custody is often one of the most important, and sometimes sensitive, matters to resolve. 

Family law encompasses everything to do with child custody, including physical custody, visitation rights, child support, etc. 

6. Family Law Varies by State

Here in the US, we operate under two legal systems, the federal system and the state-level legal systems.

Every state has its own legislation, and family law comes under the jurisdiction of state law. Federal law doesn’t cover cases related to family law.

Also, even though a new law or bill can be created or amended under federal law, this doesn’t necessarily change anything on a state level. It is up to the individual states to adapt their constitution to new federal legislation. 

Therefore, laws can vary widely between states. 

If you are going through a divorce, drafting a will—or anything else that falls under family law—you need to consider your specific state’s legislation. The specifics of your case can vary widely depending on what state you reside in and its specific laws. 

For instance, some states operate under an at-fault divorce system and others don’t. 

7. Family Law Isn’t Necessarily About Winning

Another important thing to know about family law is that, unlike civil law, it’s not always about winning. Yes, you want to ensure your rights are upheld and that you receive a fair and just outcome, but the focus isn’t necessarily on one party winning and the other losing. Instead, family law cases are often a process of negotiation whereby both parties (ideally) receive a favorable outcome. 

Thanks to this, the majority of family law cases are often settled out of court through processes like mediation. For example, statistics reveal that 90% of child custody disputes settle without a courtroom ruling. 

Because family law often doesn’t involve liability, a process known as collaborative family law has emerged. Under collaborative family law, attorneys have an increased focus on preserving relationships between family members, while negotiating for positive outcomes for all parties. 

8. Family Law Is Subject to Change

Family law is also unique in that it’s one of the branches of law most subject to change. Instead of remaining static, family law needs to evolve along with society. 

For instance, while same-sex marriage wasn’t recognized in a number of states until recently, it is now legal in all states. 

Are You in Need of a Family Law Attorney?

As its name suggests, family law encompasses legal matters to do with families, such as marriage contracts, child support, alimony, divorce, estate planning, and domestic abuse. 

Whether you’re embarking on marriage, dissolving your legal union, trying to get custody, or simply looking to draft a will, you need a good family law attorney on your side. 

Not sure where to find one? We can help.

Create an account, or search for family lawyers near you from our homepage. 

Turning 18 brings a lot of changes to a young person’s life, including being legally independent of your parents.

But in some cases, minors can’t wait that long and may become emancipated before their 18th birthday. What does emancipated mean?

Keep reading to learn more about the emancipation process and what it means for minors and parents or guardians. 

What is Emancipation?

Put simply, emancipation is when a minor child is released from the care and control of their parents. Minor emancipation can happen through a court order or an operation of law.

Parents or custodians of minor children have a duty to support and care for them. Along with this duty comes the right to make decisions for these minors. Minor children can’t establish their own homes, file lawsuits, or enter into contracts.

This means that parents of minors can even instruct the minor’s employer to give their paychecks to the parent.

Parents of minors have these duties and rights until the child is no longer a minor – when they turn 18 years of age. However, this isn’t the only way for these duties and rights to be terminated. A minor child can become emancipated through a legal process. 

What Does Emancipated Mean for Minors?

Minors who are emancipated from their parents gain rights and responsibilities typically reserved for adults. Here are some examples:

• Get married
• Register for school
• Create a will
• Live on their own
• Make decisions about their own medical and dental care
• Enter into contracts
• File lawsuits and be sued
• Keep their paychecks
• Apply for Medicaid and other medical assistance
• Apply for food and cash assistance
• Make decisions for their children

It’s important to note that there are some things that emancipated minors still can’t do. For example, an emancipated minor can’t vote or drink alcohol until they reach the legal age. 

How Does the Minor Emancipation Process Work?

Emancipation of a minor can happen automatically by operation of law or through the emancipation process by court order. Let’s take a look at how each of these forms of emancipation works in more detail.

Operation of Law

Minors can become emancipated without having to file a petition when certain requirements are met. For example, minors become emancipated when they turn 18. They can also automatically become emancipated when they get married or are on active duty in the military.

There are two other scenarios where minors can become emancipated without having to petition the courts.

The first is if a minor is in the custody of law enforcement and needs immediate medical treatment, but their parent can’t be reached in time. This is limited to nonsurgical medical care and emergency treatment.

This type of emancipation is solely for the purpose of consenting to medical treatment. A minor’s emancipation in this situation ends when the medical treatment is completed or they are released from the custody of law enforcement.

The second scenario is when a minor is a prisoner in a correctional facility. In this case, if the parent can’t be reached, a minor can be emancipated in order to consent to preventative health care and medical care.

This includes mental health care, surgery, and dental care. Like in the other scenario, the minor is only emancipated for the purpose of consenting to receive medical care. 

Court Order

Minors can also become emancipated by filing a petition with the court requesting to be emancipated.

Minor emancipation by court order requires that minors be at least a certain age, depending on state law where they live. A judge will review the petition for emancipation of a minor and decide whether the emancipation is in the best interest of the minor.

When applying for emancipation, a minor must prove several things. If you can prove that your parents don’t object to emancipation, the process is much easier.

If your parents do object, you will need to prove that your parents aren’t financially supporting you and that you can financially support yourself. You must also prove that you can manage your personal and social affairs and that you understand the responsibilities that come with being emancipated.

Parents are still required to support children after minor emancipation, but they are not responsible for debts the emancipated minor incurs. 

Minors who have a juvenile record may have a harder time becoming emancipated. Some states prohibit emancipation for minors who are on probation or completing court-ordered punishments. Other states will require certain conditions to be met for minors with a criminal record.

Some states won’t allow anyone under the age of majority with a criminal record to become emancipated.

The emancipation process can be complicated and hiring a lawyer can help you navigate the system and make your case. 

Can Emancipation Be Reversed?

The answer is yes, but it can be difficult.

Parents and minors can petition the court to cancel the emancipation of a minor. This involves filing a petition to rescind the order of emancipation. 

A judge will cancel an emancipation order if the minor and parents agree to the order being canceled or there has been a reconciliation and the family is living together again. The order may also be canceled if the minor is no longer capable of supporting themselves. 

Do You Need Help With the Emancipation Process?

Hopefully we answered your question, “What does emancipated mean?” The truth is, that the emancipation process is complex and depends on where you live.

Whether you are a minor filing for emancipation or a parent or guardian, an experienced family lawyer can help. 

Click here to find a family law attorney near you today. 

Going through a period of unemployment is never easy. If you’re trying to make child support payments while looking for a job, it can be especially stressful.

You may be wondering how you will pay child support while unemployed and how this will affect your existing order. A job loss doesn’t change your child support obligations.

To do that, you must file to modify your child support payments. If you’re facing this situation, it’s important to know your legal rights. 

Here are the facts on unemployment and child support.

Unemployment and Child Support

If you’ve recently lost your job, you may wonder if you have to pay child support while you’re unemployed. 

The answer is a definite “yes.” Your financial obligations do not change or end if your job status changes. You’re still expected to honor your child support order and pay each month.

When you miss a payment, you still owe that amount plus interest. If you get behind on your payments, you could incur additional fees or even jail time.

The courts are not favorable to someone who evades their financial responsibility to their child, whether it’s intentional or not.

Reason for Unemployment

The reason you are unemployed is important if you hope to modify your child support payments. If you left your job without another job in place, your voluntary departure prevents you from receiving a modification of your payment amount.

You can only seek a modification if your unemployment is a result of a sudden or involuntary circumstance.

Child Support Modification

If you’re unemployed and can’t make your normal child support payments, you can request an adjustment to your current child support order. The court bases new child support amounts on your ability to find a similar paying job.

They use your past employment record as a benchmark to determine your potential future earnings. The court refers to this amount as “imputed income.”

The dollar amount depends on a parent’s opportunity, ability, willingness to work, and earning capacity. This is based on skill set, education, past jobs, and other relevant information.

When the unemployed parent is seeking another job and willing to work, the court makes an educated guess regarding future salary and then sets the imputed amount. If the court finds insufficient evidence, they may impute the child support amount to minimum wage.

Each child support case is unique and based on the parents’ particular circumstances. When a non-custodial parent falls on difficult financial times, they should inform the court right away.

You cannot change the amount of child support you pay without seeking a modification. You should contact a qualified family law attorney to help you file a modification. The sooner you start the process, the better. 

Child Support and Unemployment Benefits

First, if you are unemployed, find out if you qualify for unemployment benefits in your state. Be upfront about your outstanding child support payments.

If you’re eligible for unemployment benefits, the state can deduct child support payments from your benefits. If you’re ineligible for benefits because you are underemployed or avoiding employment, the court will defer to your imputed income to calculate child support payments.

The court strongly recommends that individuals with child support obligations find a job and communicate with the court while seeking employment. Once you gain employment, continue your child support payments until they can be deducted from your wages.

Your payment amount may increase to account for the time you were unemployed.

Work With the Court

If you feel your child support payments are too high for what you’re earning, don’t ignore the problem. The court will expect proof that your financial circumstances have changed and you cannot afford to pay the same amount.

It’s best to stay as current as possible on your child support payments and continue to work with the court for a resolution. Child support and child custody are typically based on what’s in the best interest of the child.

Defaulting on child support payments can have long-term consequences. It’s important to be proactive if you lose your job or find yourself unable to pay your monthly child support payment.

Get Legal Help

If you’re facing unemployment, you may find it hard to make ends meet, including paying child support. When you can no longer meet your child support obligations, it’s in your best interest to contact a qualified family law attorney as soon as possible.

A family law attorney understands the complexities of family law, child custody, and child support. Your attorney can help you file for a modification of a child support order. 

No one should have to face the hardships of unemployment and the worries of providing for their child alone. Your attorney can help you understand your rights and navigate the legal process regarding paying child support while unemployed.

Find a Family Law Attorney Near You

Being unemployed is a difficult dilemma to face. When you have child support obligations to meet, it only compounds a stressful situation. 

Losing your job or facing a reduction in pay does not affect a child support order. You’re expected to pay the same amount unless the court grants a modification.

Facing a loss of income and mounting child support payments can be scary and overwhelming. A family law attorney can help you understand the laws regarding unemployment and child support and help you find the best resolution for you and your child.

Don’t try to go it alone. At familyattorneysnearme.com, we can help you find a family attorney in your area or connect with others who understand what you’re going through.