Child Support and Custody
The issues of child support and custody can be very sensitive subjects in any divorce case. This is primarily because they involve money and the legal rights to spend time with the child. It is important for co-parents who are going through a divorce to understand the basics of how child support and custody are awarded to prepare themselves for possible outcomes of their court case.
Child support and custody together
Child support and child custody are two different things but they often go hand-in-hand with one another. The type of custody that is awarded to both co-parents can help to determine the amount of child support that each co-parent will pay.
Child support
Child support is defined as a continuous, periodic payment made by either co-parent for the financial care of their child. Child support payments can be enforced in the instance of a divorce, separation, dissolution of marriage, or annulment. Child support payments can sometimes be dependent on the type of custody arrangement that has been awarded to the co-parents. When one co-parent has sole custody of their child, the non-custodial co-parent is typically ordered to pay child support to the custodial co-parent. When joint custody has been awarded to both co-parents, the child is considered to have two custodial parents. In this case, the custodial co-parent with a higher income may be required to make child support payments to their co-parent.
How is child support calculated?
The main basis for calculating child support payments is the gross annual income of both co-parents. Many jurisdictions also take into consideration other factors to determine the amount of child support payments each co-parent will pay. These additional factors may include the number of children living in the home, the age of the children living in the home, basic living expenses, education expenses, or if the child has any type of special needs.
Child custody
Child custody is defined as the legal and practical relationship between a child and a parent. There are two different types of custody that must be defined in a custody agreement between co-parents, legal custody and physical custody. Legal custody is defined as the decision-making responsibilities for the child. These responsibilities include making important decisions regarding education, religion, health care, and so on. Physical custody is defined as the day-to-day care of the child. Physical custody also determines the primary residence of the child. Both of these two types of custody must be defined in a parenting plan. Physical and legal custody may be granted as sole custody or joint custody. Family law professionals in most US states prefer that joint custody be granted if the situation is appropriate.
The OurFamilyWizard website® is dedicated to providing co-parents with the tools and resources they need to easily manage their child support and custody agreements. For more information on how the OurFamilyWizard website® can help with managing your child support and custody, please visit the Child Custody and Divorced Parenting page for more information.
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