Supporting Your Family After the Divorce -- Part II

Let's look at some of the basics of the issues of child custody and support issues.

Child Custody 

The first thing to realize is that deciding on the custody of a child can be an emotional tug-of-war. The courts have both physical and legal custody arrangements to consider. Physical and legal custody may be awarded jointly or solely. Sole physical custody may be granted to one parent for the simple reason of logistics. However, even when sole physical custody is awarded to one parent, the other parent may be granted liberal visitation rights. The physical custody of a child does not necessarily affect the legal custody. 

Depending on the situation, the court may award physical or legal custody either jointly or solely in any combination that the situation calls for. These custody arrangements may also stipulate for holidays and school vacations that the situation calls for. These custody arrangements may also stipulate for holidays and school vacations.

If divorcing parents can't come to a mutual decision that is in the best interest of the children, the court has the right to intervene on the child's behalf. In Nebraska, parents are required to mediate their parenting plans -- and a parenting plan must be filed with the court before the divorce can be finalized.

A family court commissioner may be given temporary legal custody in order to make the decision when parents can't come to terms with child care, custody, and support issues. The interest of the children will come first before any parental requests. In many states, older children may be asked who they want to live with and that will be taken into consideration. Home studies are not uncommon when child custody is being disputed. It is a rare case in today's society for a ruling to be made for sole custody both physically and legally. This situation would only be seen in cases where the court has reason to believe a child's welfare is in danger.

Child Support

This is one of the most disputed parts of a divorce where children are involved. The financial support of the child must be determined and often becomes very distasteful to at least one parent. Most states have very specific laws about what level of support is required. Depending on the state the divorce is granted, child support will be based on several things; the needs of the child, the income of one or both parents, and standard of living for the child. Some states have a percentage range for each child while other states have a flat dollar amount per child. In addition, parents can reach agreements on their own regarding certain items beyond child support, such as gifts and other non-essentials.

What parents are not allowed to do is decide not to pay child support. Child support orders are law and if the stipulated party decides not to pay, they are in contempt of court and can be jailed. If non-payment occurs, wages can be garnished and tax returns can be seized. In order to avoid paying child support, some non-custodial parents have tried to petition the court to give up any claim to their child. This is a maneuver that gets very little if any sympathy from the courts and does, in fact, cause most judges a great deal of ire. If you want to incur the wrath of a judge during custody hearings, try giving up your legal responsibilities to your child. The financial support of the child is the responsibility of both parents and the courts will see to it that the children of divorced parents are provided for, whether you like it or not.