Category: Child-support

In deciding whether to award counsel fees, the court should consider whether the party requesting the fees is in financial need; whether the party against whom the fees are sought has the ability to pay; the good or bad faith of either party the nature and extent of the services rendered; and the reasonableness of the fees

Deciding whether to conduct a plenary hearing

Parents are expected to support their children until they are emancipated, regardless of whether the children live with one, both, or neither parent

A child’s attendance in postsecondary education may be a basis to delay emancipation and continue support

The child support lien

Protocols and parameters regarding communications and submission of documents by the parties and/or counsel to a guardian ad litem or court-appointed expert

Even if a court finds that a child is gifted, a stipend of additional earmarked funds to support of a child’s development of such giftedness must be economically reasonable, with significant deference to each parent’s financial situation and actual ability to pay

Uncovered medical costs for the child or children of divorced parents

When parties have multiple children covered under an unallocated child support order, and a child becomes emancipated, such emancipation is a change of circumstance

Reaching the age of eighteen merely creates the presumption a child is emancipated