Getting a driver’s license is an important milestone in most teens’ lives. In New Jersey, individuals can obtain an official driver’s license on their 17th birthday, given that they have met the requirements of a learner’s permit and hours on the road. For divorced parents, the noncustodial parent is required to pay child support until the child turns 19 years old. When a child starts driving, there are bound to be additional expenses in their lives. The cost of a car, gas, and insurance are just a few. But is a noncustodial parent required to pay for car insurance in addition to child support payments? The answer can be complex. For more information on your rights and obligations as a parent, contact a Union County child support attorney today.
Does Child Support Cover Car Insurance in NJ?
The answer to this question is not as simple as a yes or no. In 2013, the child support guidelines in New Jersey were updated to include costs associated with children becoming new drivers. However, the verbiage does not explicitly state whether or not auto insurance is inherently built into the guidelines or whether it is considered an additional cost.
While auto insurance may not be automatically included in child support payments, it could be required by a court. The case Fichter v. Fichter sets a precedent for similar issues. In 2015, a New Jersey mother petitioned the court for payment for part of her daughter’s auto insurance premium from the daughter’s father. The mother and father shared two children, a 17-year-old son and a 13-year-old daughter at the time of their divorce. Their divorce agreement addressed the son’s auto insurance because he was of driving age, but did not cover the same issue in relation to their daughter.
When the daughter turned 17, the mother requested additional payment for the insurance premium. After reviewing the amended child support guidelines and details of the child’s need for the car, Judge Jones determined that a parent could be required to financially contribute to their child’s car insurance.
Although Judge Jones ruled that the father was required to help pay for the car insurance, that is not to say that every case will end the same way. Every situation is unique, and when the law is not clear, the presiding judge will make the decision that they see fit. Just because the additional cost of insurance was approved in Fichter v. Fichter does not mean it will be in all cases. Different circumstances can result in different judgments.
Do I Need an Attorney When Addressing Child Support Modifications?
It is always best to have requests for changes to the child support agreement in writing and to go through the proper channels. It is important to have skilled representation during child support negotiations and when requesting or addressing a modification.
Reach out to an experienced attorney at Ross & Calandrillo, LLC to discuss your situation and obtain experienced legal counsel.
