Divorce Attorneys Roslindale

In a divorce, there is, generally, one parent who is the primary caretaker of the child who houses the child.  This parent is called the custodial parent.  Then there is the parent who supports the child financially, who is not the custodial parent, but who has visitation with the children who will take the child or the children for an agreed amount of time every week, generally.  

Of concern to the custodial parent, is how to manage the support of the children with the loss of the second income because the departing spouse does not live in the household anymore.

Of concern to the non-custodial parent is, how he or she can afford to support him or herself and the child or  children, when as a result of the pending divorce, this non-custodial parent is now faced with an entirely new household to set up for him or herself.  This is a serious and stressful dilemma for most spouses facing divorce.

WHAT ARE THE CHILD SUPPORT GUIDELINES

The amount of child support is not a mystery.  It is determined by using the Child Support Guidelines, which are issued by the court.  The parent who resides with the child, is called the custodial parent.  The parent who does not reside with the child is called the non-custodial parent.  

According to the guidelines, the non-custodial parent should pay a certain percentage of his or her gross income as child support.  This percentage will vary depending on the  number of children the non-custodial parent will be  supporting. Also if the custodial parent has income over $20,000, the court will take the custodial parent's income into consideration after deducting the expenses for child care and the custodial parent's income.  If the non-custodial parent provides other things such as health care, the non-custodial parent will receive a credit for one-half of the cost of the health care unless children can be added at no additional cost.  The same goes for the custodial parent, if it is the non-custodial parent providing the health care plan.  If the non-custodial parent has other children living with the parent and/or is  already under an order of child support for other children, this amount the non-custodial parent is paying will be deducted from this parent's gross income before calculating the guidelines.  

There are a variety of circumstances that must be considered.  However, for a chart of the child support guidelines, please click here on this link.

Who We Are

At NICASTRO LAW, L.L.C., we will work with you as our client, using our many years of experience to assist you with the determinations of what the court considers to be in the best interests of the children. We will also assist you by going through the financial guidelines, compiling your financial information and helping you gain access to your spouse's financial information in order to be in compliance with the court guidelines on child support.

THE BEST INTERESTS OF THE CHILDREN

All parents are responsible for the support of their children from the date of the child's birth.  If you are divorced or separated or even a single parent of a child, who lives with you;  and the child is under the age of 18, you are entitled to receive child support from your child's other parent.  Before the court will award child support, the court must have evidence that the paternity of the child is established.  This can be done by a voluntary acknowledgement of the father of paternity or by a court order after a DNA test of the alleged father of the child.  

The law provides that the court can order the non-custodial parent to continue to pay support beyond the child's 18th birthday in certain circumstances and even until the age of 21 under certain circumstances.  Child support also may be ordered if the child is  between the ages of 21 and 23 and if the primary residence is the home of the parent and the child remains dependent upon the parent due to being enrolled in  certain educational programs.