Divorce Custody Child Support

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Dissolution of marriage is quite complicated issue that is to be handled by a court. It has various aspects such as property division and monitory obligations. If kids are involved in this procedure, post-dissolution responsibility of them, create disputes between the partners. In legal terms, divorce custody and child support are inter-related.

The Meaning of Custody and Support

The term implies the arrangement ordered by the court regarding the physical and legal guardianship of children. The biological parents have the first right to have guardianship. But, the court may award the guardianship to a third-party (grandparents or other institution), if both partners are not eligible to manage the upbringing.

It is the sum of money that must be disbursed by one parent to the other for economic maintenance. This can be inclusive of a monthly amount, dental and medical expenses. Generally, a non-custodian parent provides monitory help, while the custodian takes care of other requirements of the development of the child. While deciding on the payment, the judge may ponder over following things:

• The non custodial parent's income
• The number of siblings
• The custodial parent's income
• The requirements related to education and medical
• Other obligations like alimony
• Share in the marital property allotted to each partner
• Ability to provide for the needs of the family

The Effect of Child custody over Monitory Support

Generally, the physical and legal rights over the kids can influence the monitory obligation of partner. The court ponders over many factors while deciding the payment structure to provide for educational and medical requirements. Following are some examples of these relative terms:

• Sole Guardianship: The court divides the responsibility between both partners, considering they are fit for it. If a single physical and legal guardianship is awarded to a parent, the other one will be responsible to handle the monitory requirements by paying money for the overall needs of the kids.
• Joint Parenting: It is a type of guardianship that is equally shared by both spouses. Thus, the court takes into account the income and obligations of each parent while deciding on the payment.

Pertinent points regarding Divorce Custody and Child Support

Let us consider that a non custodial parent has undergone considerable alterations in his/her economical conditions. For example, the non custodial parent has become disabled due to a medical condition or injury or is out of work. Such a parent should file a motion in the court for alteration in the payment orders.

Till the issue is heard by the judge, this parent has to continue making the payments. The terms of disbursing the requisite amount during custody remain the same till new court orders are issued by the judge.

Let us assume a non custodial parent who has not disbursed the ordered payments. In such a case, the custodial parent should not refuse the non custodial parent his/her right of visitation.

Contrary to this some non custodial parents are denied their right of visitation, and hence these parents do not pay the obligated amount. This can have serious legal consequences.

• If a custodial parent denies the kid to access the non custodial parent, then such a non custodial parent must perform 2 things:
  • Disburse the amount as per the plan
  • Seek a court order that defines the visitation rights. When this order is violated, the custodial parent can be held for contempt of court

Failure to pay Divorce Custody and Child Support

Let us assume that a non custodial parent has failed to disburse payments. In such a case, interest may be levied on the unpaid sum of money. Moreover, such a parent may be subject to the following:

• Imprisonment
• Denial of application for passport
• Denial of loans or grants by the state
• Seizing income tax refund
• The matter is referred to a collection agency
• Denial of professional license
• Cancellation of driver's license

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