Determining Child Support and Custody: Factors Considered by Courts

Posted by Chell in Child Custody, Divorce

Two essential issues divorcing parents need to settle are: who will take custody of the child and how much child support will the non-custodial parent pay. Child custody or full guardianship of the child is a decision that the court awards to the more qualified parent; its directive is never to compromise the well-being of the child. Whoever is designated as the custodial parent, whether the father or the mother, he or she will have to take responsibility and decide on the child’s education, medical care and other developmental needs.

There are occasions when the court assigns custody of the child to both parents, instead of just one, to make sure that the child enjoys their continuous participation. In any case, the court has four types of child custody to choose from, these are:

Legal custody: gives the custodial parent the right to decide for the child’s welfare. If the court awards legal custody to both parents (called joint legal custody), though, then both custodial and non-custodial parents will be responsible over the child and will have the right to decide for the child’s welfare.

Sole custody: which becomes the court’s option, but only if the judge sees one parent as unfit to continue caring for his / her child. Being unfit may be due to alcoholism, drug dependency, child abuse, mental incapacity or because of an unsuitable new partner.

Physical custody: allows the custodial parent and the child to live in the same house. The court may decide for joint physical custody, though, if both parents happen to live near each other and both still continue to spend equal time with the child.

Joint custody: which may refer to joint physical custody, joint legal custody or joint legal and physical custody.

In determining the rightful child custodian, the court usually considers the following factors:

• The parents’ capability to address the needs of the child, physical limitations, work schedules, emotional state and capacity to understand the child’s needs
• The relationship between child and parents
• The parents’ financial stability
• The quantity and quality of time the parents have spent with the child before separation

Child support, on the other hand, is payment given by the non-custodial parent (also known as obligor) for the child’s food, clothing, shelter, education, dental and medical needs. Support is required by law until the child’s 18th year and may include vacations, camps, advance studies and other activities deemed necessary by the court. One important factor considered by the court when deciding the amount of support is the obligors financial stability and capability.

In all matters, it is the child’s well being that the court will prioritize. An article found on the website of Marshall & Taylor, P.C. says it most clearly: “When parents of minor children divorce, the top priority of the courts and all interested parties is protecting the children’s best interests.” The website of BB Law Group PLLC likewise reiterates the same message in its discussion about child support. It states that though the court takes into account the obligor’s financial situation and needs, it is the child’s benefit that will be considered most. And being a legal mandate, failure to pay the support on a timely basis or, much more, refusal to pay it, will result to penalties, a jail term or, in some states, suspension of the obligor’s driver’s license.

Read More