I often hear attorneys say calculating child support is the easiest part of their job. In New Jersey, we have Child Support Guidelines. As such, the New Jersey guidelines will be presumably accepted by both the parties and the Court.
Child support is based on the parties’ respective combined available net income. The support is to cover a host of the child’s expenses.
Child support payments continue until a child is emancipated. Emancipation may, or may not, be at 18 years of age. Generally, emancipation occurs upon the graduation of college. Regardless, the law is that it stops when a child moves beyond the sphere of influence of their parents. In other words, the child is self sufficient.
For families, however, with a special needs child or children, child support may never stop. A special needs child may never move beyond the sphere of influence of their parents and may never be self sufficient. Consequently, it is a case by base analysis and wholly dependent on the facts and circumstances of each case.
Two significant factors that must be considered are the nature of the child’s special needs and what intervention or therapy the child receives to address the special needs.
Child support does not stop for special needs child. Actually, additional support may be required to care for a special needs child.
Extraordinary needs may include the following:
There are other considerations in a case that involves a special needs child because the needs of the child may frequently change. In every divorce case, there must be flexibility to make changes as the need arises.
Please contact me at firstname.lastname@example.org if you have questions about this post or any other family law matter.
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