How are child support and child custody calculated?
Divorce is stressful and challenging enough, but when you add kids into the process, it becomes more complicated to work through. One of the most common questions divorced couples have is how courts decide matters involving children. Each state has its own laws that will affect the decision. In many states, the law requires both parents to be required to support their children. The court will take all sources of income including salaries, rental income, and bonuses to generate the total gross income. Gross income is then fed into a formulaic guideline that includes many factors to determine how much each spouse should pay child support. The judge will take into account the separate incomes of both parents, their ability to pay, and child custody to determine how much each parent should pay. Custody of the child is usually decided before a support order is determined. In most states, a judge will try to make a decision that is in the best interests of the child. Of course, parents can make an agreement before going to court through mediation. If both parties disagree, the judge will use factors such as who is the primary caregiver to file for divorce. Reaching an agreement through mediation is always a much easier option. Having an experienced divorce attorney go through the process can help keep things civil and get a quick and fair settlement.
How is partner support determined?
Benefits are another common obstacle to reaching a divorce settlement. Most people don’t understand how partner support is calculated until they are in the middle of a heated breakup. There are many factors that contribute to how benefits are determined, but, in short, they are designed to help keep both partners living a lifestyle as close as possible to what they had before the divorce. A judge will use many different factors to make their decision such as length of marriage, child custody agreement, and income and potential income of both partners. No equation is used, and most laws allow judges to exercise their discretion. There is also no set amount of time for the payment of alimony, but it is usually for the same length of time as the marriage. Because spousal support is determined arbitrarily, having an experienced family law attorney is essential. The right attorney will help ensure you get the best possible outcome.