Child support and child custody intercepts at times, but that depends on several factors. In most states Child support is determined by statutory guidelines imposed by that state. Those guidelines usually takes into consideration parents’ income (either one or both), number of children, previous financial orders and some excepted expenses (like employment deductions). Some states also consider the custody arrangement.
Best Interests of the Child Custody Each State
Child support is intended to provide financial support for children. That generally means that each parent contributes to providing all the basic needs of their child(ren), including medical and educational too. Although the Child Support Standards Act is the federal law governing child support, each state has its own law with respect to parents financial obligations to their children. Most states statutes base their guidelines on cost of living among other things.
There are 3 models each state chooses from, which are as follows:
Income Shares Model– this is based on the premise that children should receive the same proportion of their parents income that they would have received if the parents loved together. Most states, 41 to be exact, use this model. (Get more details here on each states guidelines.)
Percentage of Income Model– sets out a percentage of ONLY the noncustodial parent’s income. The custodial parents income is NOT taken into consideration. There is the Flat Percentage and the Varying Percentage variations. Four states use the former, while two states use the latter.
Melson Formula-a more complicated (and rarely used) version of the Income Shares Model. This takes into account each parents needs as well as the children’s. Only 3 states use this one. (See Delaware’s child support law.)
There is a difference in joint custody, shared custody and 50/50 custody. (Read here for in depth discussion from one of my previous blog posts.) In cases where either parent has sole or primary custody the noncustodial parent pays child support pursuant to their state statute. However, with respect to shared or 50/50 custody, where the child(ren) spend equal time with both parents obligation varies based on which Model the state uses.
With respect to Income Shares Model, the parents combined incomes and the number of children results in a figure. That figure is then divided proportionately based on the amount of time the children lives with each parent.
In the Percentage of Income Model, custody and support usually takes a different approach. Typically, only the noncustodial parent’s income is used to calculate support obligation. However, in shared or 50/50 custody arrangements, the custodial parent’s income is a factor. The custodial parent’s income is compared to the noncustodial’s income to determine which is the highest. The parent with the highest income pays child support.
Some states’ statutes allows for the court to use discretion in rendering a final support order. In these instances, shared or 50/50, or any variation of joint physical custody, can justify the court coming up with an amount different from the statutory calculation.
You should definitely familiarize yourself with your state’s child support and child custody laws before attempting to negotiate any settlements.
If you would like to discuss the options I have to help you prepare your case for settlement, mediation or trial, please feel free to set up a free consultation. Visit my Home page for details about the services I offer.
Need help in handling your Family Court case on your own?
We have services that are specifically geared toward helping self-represented litigants like you understand the common mistakes that lead to the most disappointing outcomes. To find out more about our services, visit us at WWW.THEDIVORCESOLUTIONIST.COM and join our Facebook community HERE to get some helpful advice and some FREEBIES. Listen to our latest Podcast episode here.
In child custody & abandonment situations (and child support too) biological parents can have their rights terminated by court. Even though the right to being a parent in the USA is a fundamental one , pursuant to the Fourteenth Amendment, states have the power to infringe on those rights. Of course Due Process, also afforded by the Fourteenth Amendment, applies making it a requirement that laws & procedures are fair.
Where Child Support & Custody Intersect
Abandonment, with respect to custody, is when a parent voluntarily fails to have any sort of contact with their child and fails to provide financially for the child for a specified period. It is NOT parental alienation, which is willful interference with the non- custodial parent having contact with their child.
Abandonment can only occur when the biological parent is aware of the child being born. So a parent who seeks Abandonment where the other parent is unaware of the child even exists will have to first prove otherwise. In some states, the period of abandonment only starts from the moment the parent is made aware of the child’s existence.
Proving abandonment is not easy feat, not by a stretch. The courts are not sweet on the idea of depriving parents of such a basic right under most circumstances. The burden is on the parent seeking termination to prove that all the elements are met upon a preponderance of evidence.
Those elements include:
These requirements vary from state to state.
Non-custodial parents may have some valid reasons for being absent or not providing for their child. As I stated above, instances where the custodial parent intentionally interferes with contact is one of them. There are others, like lack of notice of the petition, having no knowledge of the child having been born or if he can prove that termination would not be in the child’s best interests.
A child born out of wedlock, where the father never acknowledged paternity or where paternity was never established, may also be a defense. Most states require that paternity be established first. If the father’s location is unknown, the court may require that the mother incorporate “due diligence” methods in locating him.
Also, if there is not a “fit” stepparent ready to adopt the child, then chances are the court will not order the termination.
If all of the elements are met and the court believes that termination is in the best interests of the child, then the biological parent no longer has obligation to support the child. Emotional, physical and financial support are no longer the responsibility of the terminated parent. However, there are some exceptions with respect to the child’s rights to that parent’s entitlements, property, estate, etc. In some states, adopted children may have legal rights to the possessions of their biological parent in the event of that parent’s death.
It is advisable to discuss, in depth, the legal ramifications of termination with all parties involved.
Child abandonment is a very complicated issue and requires the assistance of an experienced attorney.
If you need assistance with your child custody matter, please feel free to contact me for a FREE 15 min. consultation.
Need help in handling your Family Court case on your own?
We have services that are specifically geared toward helping self-represented litigants like you understand the common mistakes that lead to the most disappointing outcomes. To find out more about our services, visit us at WWW.THEDIVORCESOLUTIONIST.COM and join our Facebook community HERE to get some helpful advice and some FREEBIES. Listen to our latest Podcast episode here.
I’ve touched up contempt in family court several times in the past. But what is or is not contempt in family court matters is worth a lengthy discussion. It is defined as “the offense of being disobedient to or disrespectful toward a court of law and its officers…”. (Wikipedia) This covers orders, rulings, decisions issued by a judge of court. So basically when a party to an action is ordered or directed to act or not act and they do the opposite, they are acting in contempt.
Change to Child Custody Arrangements during Covid
Family court orders typically come about by examination of a confluence of things. Laws, statutes and regulations are just a part of what comes into play. Social norms, public policy issues and bureaucratic influences also have a significant impact in family court decisions. In other courts, criminal court for instance, the application of the law has a much bigger influence. And as a result, acts of contempt are generally more explicit. The court order is usually clear with respect to consequences for disobeying it. Violating a criminal court order usually entails a fine and/or incarceration because the violation is usually against the court itself or public policy. In family court, on the other hand, no such clarity exists.
First off, making a “finding” that contempt actually happened is not as clear cut. Non-compliance is usually the court’s finding, which is very different from contempt. When someone violates a family court order by not paying child support or spousal support, not following a custody/visitation order or ignoring provisions in a divorce judgment they are not necessarily in violation against the court itself. Their defiance is against the other party. Next, family court violations need to be examined in context, not on isolated bases. This too, makes them privy to being viewed as less egregious as criminal court violations. And last, family court orders tend to include lots of provisions where execution is conditioned upon other provisions being executed.
As I mentioned, what may be thought of as contempt may in fact be viewed as violations, non-compliance, etc. Although by definition there is no distinction, what matters is how the court views it. The court is the factfinder and it will determine what rises to the level of contempt using a different level of scrutiny than it would in any other court.
Let’s examine a few scenarios to get some insight on how the court views violative behaviors.
Although all of these scenarios clearly exhibit some violations, non-compliance and/or disobeying court orders, they rarely arise to the level of “contempt” in a family court setting. However, when these acts are considered in context, reviewed in light of other issues in the case, a finding of contempt is possible.
Although the elements of contempt are usually spelled out in some form, the courts usually use a less stringent standard of proof in family court.
The key to getting the court to make an actual contempt ruling requires a strategic approach. You need to look at the violative behavior in with a look at the entire case. This means looking at past behaviors, considering the judges position of related issues, social norms, local practices, etc.
So when you are faced with a repeated nonpayment of support it makes sense to consider the NCP parent’s track record with paying, if there is an issue with ability to pay because of a change in employment, if the court had to reprimand NCP previously for nonpayment and so on. Additionally, you should ask yourself “what is your judge’s history with this particular violative act”.
When the issue is with late drop-offs or early pickups, consider things like quality of visits, ability to makeup for lost time, the harm done to the children, etc. Again, what your judge’s views are on this issue, what the judge would say or do in this situation, etc. are also very important.
When you are faced with making a case for contempt, one great source to refer to is the actual order itself. Review it over and over again if necessary, to see if there are any “gray” areas of interpretation. Read it from the other party’s perspective to see if there are any viable potential arguments they can make. Read it to with a view from the judge’s viewpoint to see if their intent was clearly stated.
In conclusion, understand that what you may perceive as a clear case of contempt may not be considered such by family court. It is a good idea to think, plan and strategize on what your next move should be in the event of violations of your court order.
Need help in handling your Family Court case on your own?
We have services that are specifically geared toward helping self-represented litigants like you understand the common mistakes that lead to the most disappointing outcomes. To find out more about our services, visit us at WWW.THEDIVORCESOLUTIONIST.COM and join our Facebook community HERE to get some helpful advice and some FREEBIES. Listen to our latest Podcast episode here.
A step or blended family is a family that consists of parents and children who are not biologically related, the parents are remarried or cohabitating with someone other than the biological parent. Blended families make up almost half of all families in the US, according to Stepfamily.org. That means that a large amount of children are being raised in a home with one or more non-biological adult and children. This arrangement raises several family law related concerns, moreso than the mundane issues. Let’s take a look at how the various legal concepts apply to step families.
Coparenting within a step or blended family is a little different than coparenting amongst solo parents. Although coparenting amongst solo parents poses challenges, co-parenting amongst step families takes on a different set of challenges.
Depending on how the custody agreement arose, whether it came to be as a result of a settlement (verbal or written), a court order or negotiations, the way coparenting happen looks different. It is not uncommon to overlook custody provisions that specifically address stepparents’ rights and responsibilities. It’s obviously not because stepfamilies are rare. Stepparents are not discussed in custody agreements because the courts don’t have jurisdiction over persons who are not parties to the action. However, some parties are savvy enough to ask that specific provisions be included, making the parties themselves responsible for their partners compliance. One of the ones I see often is a provision that speaks to if and when the child can call the stepparent “Mommy” or “Daddy”.
What You Say in Family Court Matters
Additional provisions that may be included in custody agreements are; whether and to what extent the stepparent can discipline the child, if they can consent to medical treatment, if they are allowed to access school records or attend events, etc. Even if some of these NOT covered in the actual custody document, federal and state laws govern the rights of stepparents with respect to health and education. Stepparents cannot consent to medical treatment of a stepchild, even in emergency situations. They can transport the child to the hospital or medical appointments but need written consent to do more than that. Consent to treatment requires written consent from the parent/spouse who must have joint custody or legal custody.
Same with respect to accessing school records or attending school events, consent (although written consent is not required it is recommended) from the parent/spouse is needed. As for discipline, no specific laws address stepparent rights in the event the custody agreement fails to mention it. However, the extent to which a stepparent can discipline a stepchild relies solely with the biological parents (as long as it is within the legal confines of their state). Whatever rules the parents agreed to also extends to stepparents. Nonetheless, it is prudent to cover stepparent discipline in the custody agreement. Stepparents should be viewed as authority figures, of course, and should step into that role with confidence but boundaries should be established and maintained.
There is a difference in step parents rights and responsibilities in sole custody arrangements. In sole custody households, the biological parent does not have to confer with the other when making major decisions. However, in joint custody, shared custody or 50/50 arrangements, this is not the case. (For a detailed explanation of the difference in custody arrangements go here http://www.thedivorcesolutionist.com/will-the-court-award-sole-custody). When consent is required in joint custody arrangements, there are times when that consent can be trumped by the other biological parent. However, situations that do not need consent, still make coparenting amongst stepfamilies difficult. The issues that directly affect custody/visitation are communication, pickups and dropoffs, attendance at special events, household rules, etc. For the most part, stepparents are to adhere to the provisions of the custody agreement even though if they are not mentioned in the agreement. Furthermore, stepparents should not meddle in communications or discussions between biological parents except in exigent circumstances. Particularly in high conflict custody arrangements, stepparents should keep their input or involvement to a minimum. Maintaining boundaries should be paramount to ensure coparenting goes smoothly.
Child support guidelines applies to biological parents but can bring stepparents into the fold. The purpose of child support is to ensure that children have the benefit of maintaining the same or similar standard of living as if the parents were still living in the same household. However, this principle gets tricky in its application when children have the addition of a stepparent and their income. Although the courts cannot obligate stepparents to provide for children that are not biologically theirs (except in adoption) they cannot ignore the windfall uncalculated income provides. A payor non-custodial solo parent should not have to give up more than his/her proportionate share of income to a payee custodial remarried parent who has the financial advantage of another income in the household.
What happens with child support in stepfamilies? Well, most courts will not “add” the stepparent’s income into the formula. However, what they are permitted to do is to “consider” the stepparent’s income when deciding if they should deviate from the child support guidelines. And where there a huge disparity in income, and thus standard of living, they will try to balance them out by applying its discretion.
In sum, stepparents should take every aspect of the new family dynamics into account before taking on the role in a step or blended family. Although having a custody agreement in place helps a lot, it is nearly impracticable to follow every provision to the letter. Emotional bonding, physical conditions and financial limitations can make implementation even more challenging.
Need help in handling your Family Court case on your own?
We have services that are specifically geared toward helping self-represented litigants like you understand the common mistakes that lead to the most disappointing outcomes. To find out more about our services, visit us at WWW.THEDIVORCESOLUTIONIST.COM and join our Facebook community HERE to get some helpful advice and some FREEBIES. Listen to our latest Podcast episode here.