Being a parent places a burden on people to care for their children. When two parents live together, the law presumes that both will take on an equal share of this burden. However, whenever two parents end their cohabitation or were never living together to begin with, the court has the authority to order the payment of child support.
Child support issues most often arise when there are imbalances as to where the child(ren) spend most of their time (possibly due to court custody or parenting plan orders and/or where there are disparities as to the respective incomes (from employment and other sources, such as investments). Although parents may and often do retain equal and joint legal decision-making rights as to their child(ren), often times the day to day payment of the day-to-day costs of living of the child do not fall equally on each parent, likely as a function of where the child spends time under the parenting plan. Therefore, there must be a consideration so each party is responsible for their fair share of the child(ren)’s expenses. A Greenwich child support lawyer could help you seek a fair agreement, modify your current plan, or fight to enforce existing orders.
Every child in Greenwich has the right to parental support. For many, this involves payment to cover the costs of food, clothing, shelter, educational expenses, and in many cases, the cost of travel or extracurricular activities. Couples who are married or live together are presumed to equitably contribute to these costs. Perhaps the most common scenario that may lead to a hearing concerning child support is a divorce. According to Connecticut General Statute §46b-84, parents of a minor child who are in the process of a divorce must always answer the question of proper child support.
While the creation of a child support order carries the full weight of the law, they are not permanent and are always subject to change when appropriate. Any substantial change in financial circumstances of the parties and/or the child(ren) could allow either parent to petition the court to reconsider the existing child support arrangement. Examples of these changes in circumstances may include changes in income, changes in employment, changes in assets, acquisition of a new job, the child sustaining a new health concern or other new expenses for the child. A Greenwich attorney could help parents to create or modify orders that result in a fair child support plan.
Courts in Connecticut do not merely use a set formula to establish child support orders but rather they also consider a number of factors when determining an appropriate amount of child support based on the specific facts of each case. Additionally, parents must complete a state worksheet that will serve as Guidelines for how much child support payments should be. According to the statute, the court will evaluate, among other factors:
A child support order may also require one parent to provide health insurance for the child’s needs. In general, courts have broad authority to order the payment of any amount of support that is necessary for the maintenance of the child.
Laws in Connecticut grant that every parent has an obligation to care for their children. This even applies if the child does not live with the parent in question. When one parent does not obtain primary physical custody over a child, that parent should expect to pay child support.
Every child support case is unique, but by making persuasive arguments in court concerning the imposition and value of these orders can make all the difference.
A Greenwich child support lawyer at Schoonmaker George Colin Blomberg Bryniczka & Welsh, P.C. can work with parents to explain the child support laws and why these orders may be necessary. Contact us today to discuss your case and to fight for the fair child support arrangement you need.