Child Support

The custodial parent is entitled to take the minor child or children, as dependents, for all tax purposes, if the custodial parent has the child or children over fifty percent (50%) overnights annually. The parties may agree that the non-custodial parent shall have this allowance and enter this agreement into the Judgment. If the non-custodial parent is entitled to the allowance by the Judgment, said parent must obtain each year, from the custodial parent a signed Form 8332, which must be filed with the non-custodial parent's other federal income tax forms.

Child support is modifiable, but only if there is a clear change in circumstances. This support is usually ordered until the minor reaches the age of eighteen (18) years, or completes his high school education, whichever event occurs last, or, in exceptional circumstances, until further order of the court. The courts appear to be very strict about any payments after age eighteen (18), and this applies to requests for college tuition payments. Enforcement of payments is the same as for spousal support. Liens may be placed against wages for collection.

If there is an arrearage for child support payments, medical expenses, etc., the Judgment of Divorce must contain a provision preserving this arrearage. The same provision holds true for any monies owing under any temporary order. In order to preserve a temporary order, it must be so ordered in the Judgment of Divorce. If it is not so ordered, it is canceled.