Legal Question in Family Law in Mississippi
what constitutes"child support"?
Is a father obligated by law to provide a car/insurance for a 15 year old when the parents are divorced-Is there any legal recourse for a mother that takes a child to the dr for everything, even insignificant illnrsses
1 Answer from Attorneys
Re: what constitutes
Be advised that your state law and administrative regulations might be different from mine.
Generally, child support is determined by numerous factors including both parties' incomes and the child's special needs. While turning 16 and driving isn't really a special need (as opposed to a medical special need), as the children's needs change with age it is not unusual for parents to seek modifications of the child support amount to cover the costs of the changing needs.
In general, neither parent is legally required to provide car insurance or to allow the child to drive. If your marital settlement agreement specifically addresses that kind of thing, then yes, the parent named in the agreement is obligated to provide those things listed.
All three of you could view this as an opportunity for the young driver to make a cost-benefit analysis, decide whether driving is vital to happiness, and act according to the conclusion -- work to pay for the insurance or don't drive.
Regarding the medical visits at the slightest sniffle, again, a cost-benefit analysis is in order. Will hiring an attorney, drafting motions to modify the provision about paying for uninsured/out of pocket medical expenses, increased emotional stress and time from work to visit your attorney, waiting months for the decision, etc., be worth it?