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Can I File for Child Support After Divorce?

Posted on December 10, 2021December 16, 2022 By Adam Naylor

Divorce is difficult when you want your marriage to end in a dreamy, happy ending. However, there may be some things you didn’t think about during your divorce that could cause problems down the line. 

For example, did you know that if you get divorced and fail to disclose certain assets or income during the process? 

That’s not uncommon and can cause issues with child support payments after divorce. The good news is that there are steps you can take now to ensure this doesn’t happen!

File for Child Support After Divorce

What is Child Support?

Child support is money paid by one parent to the other. The money is used to pay for the child’s living expenses, like food and clothing. It’s usually paid by the non-custodial parent (who isn’t paying child support) but can also be paid by either parent or both parents depending on your state.

The law states that ” Child support should be paid until your child turns 18 or graduates from high school, which thing comes first”.

What are the Laws for Child Support after Divorce?

As you know, child support laws vary by state. In some states, the parent with the higher income is responsible for paying the other parent’s share of child support. However, most conditions are based on each parent’s income and needs (including health insurance).

Child support laws also vary by how long a parent must pay after the divorce ends. The amount you’ll be required to pay may depend on whether or not your ex-spouse has custody of their children—and even if they have control! 

For example: If no kids are involved (e.g, your ex lives far away), then only one payment will be required every month regardless of whether there are court orders in place that need it. 

However, if there are children involved, but no court order exists, then two monthly payments will need to be made until either party reaches an agreement.

You Can File for Child Support After Divorce, But the Deadline Varies from State-to-State

If you’re trying to get child support after divorce, you’ll want to know the rules in your state. Child support is a legal obligation that obligates parents to provide their children with financial assistance until they reach 18 years old or graduate high school.

In some states and counties, the court can order payments even after the children have left home and become adults. However, not all courts will enforce this policy; it’s up to each judge’s discretion whether or not they want to implement this rule in their jurisdiction’s case law.

Your State Determines Child Support Payments

The court will determine how much child support you and your ex-spouse should pay each other. It is based on both parents’ income and the number of children involved in the case. 

If you have more than one child, or if your ex-spouse’s income increases over time, those factors will increase how much money they are required to pay toward their children’s expenses.

Some states (such as California) allow courts to adjust child support payments if either parent earns additional income while raising children together. 

Verdict! 

If you are planning on filing for child support after divorce, you need to be aware of the laws in your state so you can consult an experienced family lawyer. 

You can find more information about these laws on the state court website or by contacting your local district attorney’s office.

Legal Tags:Child Support, Child Support After Divorce, Divorce

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