Are You Having a Hard Time Understanding Child Support and Child Custody?
Divorce is a serious legal process that dissolves a marriage. When the married couple has children with each other, the divorce process becomes more complicated. You and your soon-to-be ex-spouse will need to work out a custody agreement and child support.
When you and your partner decide to end your marriage, you will have your attention pulled in a million different directions. One of you will be moving out of your shared house. You will have your income and assets gone through with a fine-toothed comb. After all of your assets are fairly divided between you and your partner, you will still have to worry about child custody and child support, which can be settled in a number of ways, in or out of court.
Child support and child custody both have guidelines that family court follows when determining who will pay who, and both physical and legal custody of the child, as well as the minimum amount of time the child will spend with each parent.
How is Child Support and Custody Determined?
When you and your former spouse went through divorce, you likely went about determining custody and child support in one of a few ways.
You and your ex could have gone through the mediator route. When working with a mediator, you and your former spouse have the opportunity to work with or without legal representation, while a professional mediator helps you work together to come up with a parenting plan that is advantageous for everyone involved, especially the child.
When parents are able to work together to determine not only the conditions of their divorce but also the conditions of raising their children, it can result in less stress, less animosity, and a more positive outcome.
If you and your ex weren’t able to see eye-to-eye during your divorce process, then you likely would have to go through family court. Family court handles divorce, as well as child custody and child support. If you and your ex were not able to negotiate your divorce then family court is usually inevitable. Courts use a collection of factors when determining custody and child support payments, including who will pay and who will receive.
Remember, the most important people in your divorce are not you and your former spouse but the children. The judge overseeing your case will put the best interests of the children before those of the parents.
Ohio courts determine several factors when determining custody arrangements, which may include the following:
- The wishes of the child: When children are old enough to understand their situation, the courts may take their wishes into consideration.
- The parent/ child relationship: the court will examine the child’s relationship with each parent and use this information to determine custody.
- Both parent’s mental and physical health: The courts will evaluate the mental and physical health of each parent and try to determine the impact it may have on their children.
- How established the child is in their home, school, and community: Judges are aware of the impact a big move can have on children.
- The parent’s ability to provide: The court will want the needs of the children to be met. The courts will want to know how either parent will provide the child’s needs, like food, clothing, medical care, and a stable home.
- Domestic violence: Courts will take into account any history of violence when trying to find the best househould for the child.
Now that you have a better understanding of how courts determine custody, we can dive into the factors courts take into consideration when deciding which parent will pay child support and how the amount being paid is determined.
How many children are being supported: If the supporting parent is raising more than one child from the relationship, they will likely be awarded higher payments.
How much time the child spends with either parent: Payments are dependent on how much time the child gets to spend with each parent.
The income of both parents and their family: When you first attend family court, your income and your spouse’s income will be considered when creating a support agreement. When you or your spouse remarry, your income can be open to reexamination and adjustment.
Other financial obligations: You and your ex’s debts and obligations will be considered when determining payments.
Special needs of the child: If your child or children have any special needs, those needs can play a role when coming up with a fair support plan.
How Will Remarriage Affect Child Support Payments?
When you or your former spouse remarry, it can have a huge impact on child support and custody.
If you are making child support payments and your ex remarries, their financial situation will likely change enough that you can petition the courts to reevaluate the current child support arrangement and likely have the payment lowered.
Likewise, if you get married, your new living situation may be different enough that you can try to get custody or more parental rights for your child.
How Can a Family Lawyer Help?
If you are experiencing a situation in which you think your current parenting plan should be revised, you may be feeling overwhelmed.
When you work with an experienced family attorney, an attorney like the Lawrence Law Office team, you can afford to have a resource that has the knowledge to know if your current custody arrangement or child support agreement is fair.
Call 614-228-3664 to schedule your free consultation with Lawrence Law Office. It only takes 15 minutes to determine whether your current arrangement should be changed!
