What Kind of Financial Obligation Do Kids Have to Their Parents?

A biological parent has a legal obligation to pay child support to provide for their child’s essential living expenditures, which include providing them with food, clothes, a place to sleep, medical treatment, and education. 

It is the obligation of a parent who does not have custody of the child(ren) to make regular payments to the parent who does have custody of the child(ren). 

When one parent is no longer the child’s main caretaker or no longer resides in the same household as that child, the responsibility shifts to the other parent, a circumstance like this may have arisen at the end of a divorce, a separation during the marriage, or the fact that the parents were never married.

In this manner, even if the parents of a child younger than 18 no longer live together, they continue to share parental responsibility for the child. 

For example, let’s say that both parents want to ensure that they have equal input into crucial, long-term choices about their child’s well-being and development, and they want to make this a legal obligation. In such instances, they need to create or ask the court for an order that provides equal shared parental responsibility. 

“Key long-term considerations” include where a child will go to school, major choices about their health, and adherence to a religious tradition.

Responsibility for children’s finances

The fact that you and your child have disagreed does not absolve you of your responsibility to fulfill any financial commitments that you have to your child. If this is the case, a parent may intentionally alienate their child to provide an excuse for why they do not want to contribute. 

For example, imagine that the private school your child should attend is more costly than the public schools in their home state. If this is the case, stating that your obligation is limited to the public school price may be considered unreasonable by a court, which may lead a judge to order you to pay a bigger portion of the obligation and the legal expenses connected with the application.

Imagine that your child does not enroll in a college degree program at a recognized vocational school after graduating. If it’s the scenario, then there is a presumption that he is emancipated at that time, and you are likely entitled to a termination of any future financial assistance that is being provided. 

In this situation, the parent paying child support has the right to petition the court for an order terminating his child’s support and any other connected duties following the kid’s graduation from high school.

Suppose your child has turned 18 or graduated from high school but is not immediately enrolling in college or a trade school, and the other parent is unwilling to voluntarily cooperate with the entry of an order for termination of the support obligation. 

In that case, you must apply to the court to terminate the obligation to pay child support. However, when the parent wants to cooperate with the entry of an order voluntarily, then you will not need to make this application.

As this is completely understandable for parents to want to assist their children in pursuing high educational goals, the next “common” issue that faces divorced parents in this state is the question of who makes the decision regarding the child’s school placement and who is responsible for paying the costs associated with the child’s attendance at that school. 

The payment of child support for a college student is not the same as the payment of the college costs that a student incurs. Both the obligation to pay child support and the obligation to contribute to the cost of higher education are responsibilities that are placed on parents.

A Guide to Calculating Child Support

The amount of child support owed and who is responsible for paying it are often resolved on a situation basis in a state trial court. The paystubs of parents, their total finances, and the amount of time each parent spends with physical custody of the child all determine the amount of child support to be paid. 

Because it is believed that the custodial parent is already spending most of their income on the child or children, child support is determined based on the income of the parent who does not have basic custody of the child or children. 

The financial obligation for child support is split between the two parents so that the total amount of assistance provided is comparable to what it would be if the parents cohabited and split their living costs evenly.

Conclusion

After the parents have separated, they each are responsible for providing financial support for the child, even though the child may reside with either parent. 

Parents can work things out between themselves or apply for a child support evaluation.

When choosing choices for their children, the most important thing for parents to remember is what will be in their child’s best interests. 

After having collaborative conversations, most parents who are no longer together can agree on the care of their children. Family mediation services may assist the parents in reaching a resolution or compromise acceptable to both parties if the parents cannot agree on their children’s post-separation care.

It can be very difficult when a child’s parents divorce or break up. But, on the other hand, it would be helpful if you concentrated on what is best for your children’s better future.