Your teen just earned their driver’s license and is excited to get behind the wheel. You might not be jumping for joy at the added risks associated with teen driving. You should also know that your teen’s new license may increase your child support obligations.
Auto Insurance Laws and Teen Driving
What is the law when it comes to securing automobile insurance for teen drivers? Since New Jersey law requires all licensed drivers in a household be listed on an insurance policy, a custodial parent must add the new driver to his or her insurance coverage. The only other alternative would be for the child to pay for a policy. More than likely, it is more affordable for the parent to list the new driver on the household policy. Notwithstanding, the added premium could be expensive.
Are Newly Licensed Drivers Covered in Child Support Guidelines?
A 2013 amendment to the New Jersey Child Support Guidelines somewhat covered the issue of auto insurance and newly licensed drivers. The guidelines set up a schedule concerning support based on the income and expenses of both parents. The schedule is contained in Appendix IX-F and includes payments for “all costs involved with owning or leasing an automobile”. However, the Guidelines specifically exclude expenses associated with a car purchased for the child’s use subject to the support order.
So, what does this mean for parents who are already paying child support under the child support guidelines? Were their obligations already been accounted for when their divorce was finalized? Or, do they need to contribute to the additional expenses the custodial parent will incur with the newly licensed teenager driver?
New Case Addresses Teen Driving and Child Support
The courts recognized some ambiguities in whether child support awards made within the Guidelines included automobile insurance payments. Fichter v. Fichter deals with the issue of whether both parents need to contribute to automobile coverage.
At the time of the Fichter’s divorce in 2011, the child support guidelines did not contain language regarding the inclusion of costs associated with owning or leasing an automobile. The Fichters have two children; the son was seventeen at the time of the divorce. Mr. Fichter agreed to let his son use of his vehicles and both parties agreed to contribute to the insurance payments. The Fichters’ daughter was thirteen at the time of the divorce. There was no language in the divorce settlement agreement concerning whether her automobile insurance payments would be split between her parents. Presumably, this is because she was not of driving age at the time of the divorce.
One of the issues addressed by the court was whether the Guidelines included future automobile insurance coverage. Concerns about public safety were addressed. After reviewing the Fichters’ financial statements, the court made a determination based on “the best interests of the child”. This meant that additional child support was awarded to make up for increased costs to the custodial parent.
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Have questions regarding child support? At the Law Offices of Sam Stoia, we have experience in dealing with issues related to child support and custody. Contact us for a complimentary appointment to go over the particulars of your case.