A Parenting Plan will be entered by the Court to cover where and with whom the children should primarily reside, and visitation with the other party. If the parties cannot agree on placement, the Court may appoint a Guardian Ad Litem to conduct an investigation and report back to the Court regarding placement. The Court may also order an investigation/evaluation by Family Court Services. The Court will make its decision based on its review of all of this information and considering the "best interests" of the children.

At what age can a child decide which parent they would like to live with?

There is no set age at which a child would be deemed able to make such a decision. The older the child, the more input/weight such statements would be given, depending on the circumstances. The child may prefer one parent over the other because the preferred parent allows the child to do whatever they want to do. That is not always in the child's best interest. Typically, a child's preferences will be considered by the Court if voiced to a Guardian Ad Litem or other professional that is working with the child.

Do I have to pay child support?

Every parent has a duty to financially support their children. Child support is set according to the combined monthly net incomes of the parents, and the number of children involved, as well as the ages of the children. Each party will be required to provide information documenting their income, and the support schedule will be consulted. The amount of child support can also depend on day care expenses, health care expenses, educational expenses and other factors.

What if I don't have a job?

Even if you have lost your job through no fault of your own, the duty of financial support remains. The statutory minimum for child support is $25 per month per child. The Court may set support at that level for a while to allow you to become re-employed. On the other hand, if the Court finds that you have voluntarily left your job, the Court may impute income to you in setting the child support amount. The figure used depends upon your age and sex and is based on the US Bureau of Census Median Income figures.

Is child support required for my college student?

The Court has the ability to order a parent to pay post secondary educational support for a child who is over the age of 18 and dependent. In deciding whether or not to do so, the Court considers a variety of factors. This would include things such as the age of the child, the needs of the child, what the parent's expected for the child's college education when they were together, the child's aptitude and ability, the type of schooling the child is planning on obtaining, the parents resources and level of education, and others. If you have an order of child support that does not address post secondary educational support, you may want to file a petition for support modification to request this type of support. You will also want to check the language in your order as many orders were drafted with language which required a parent seeking this type of support to do so prior to the expiration of the regular support - which usually stated that child support be paid until the child turns 18 or graduates high school, whichever occurs last. Failure to initiate the request for post secondary education before this deadline may prohibit you from doing so.

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