Child Support Law
After termination of the marriage, ordinarily one parent becomes the primary custodial parent, while the
other parent retains visitation rights and provides financial assistance. Less often, parents sometimes agree to
joint custody arrangements in which the child's time is split equally between both parents. Two major issues
often dictate subsequent arrangements: Who gets custody? How much does the other parent pay? State child support
laws provide the answers. These two issues account for the bulk
of litigation over child support law requirements.
Child Support Law - Custody
The test used to determine the primary custodial parent almost always turns on the best interest of the
child. Historically, since the adoption of the "Tender Years Doctrine" in the late 1800's, mothers are
considered more appropriate care-givers for young children than their fathers. But not always. Child support
laws and custody rights are balanced upon the courts inquiry into the facts surrounding each case.
Children who are emotionally mature are usually allowed to testify regarding their preference. Conversely,
parents may agree upon custody terms and courts are reluctant to interfere unless the best interest of the child
is compromised.
Child Support Law - Payments
The Uniform Interstate Family Support Act requires states to enact child support laws and guidelines for the
calculation of support payments. Usually payments are based on income, as a percentage, which increases for each
additional child. The method of calculation and percentages due vary widely from state to state. The definition
of regular income, allowable deductions, and mandatory insurance coverage are particularly susceptible to
dispute.
The normal practice for family law lawyers is to negotiate all issues simultaneously, with settlement and
agreed final orders dependent on complete resolution of all outstanding issues. Court approval of all
agreements is required.
See Also:
Child Support Law - Child Support Guidelines,
Child Support Law - Divorce Decree,
Child Support Law - Stop a Divorce,
Child Support Law - Divorce Help
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