How are child support and custody calculated?
Divorce is stressful and challenging enough, but when you add children to the process, it becomes even more complicated to resolve. One of the most common questions separating couples have is how courts decide matters involving children. Each state has its laws that will influence the decision. In many states, the law requires that both parents support their children. The courts will take all sources of income, including wages, rental income, and bonuses, to create a total gross income. The gross income is then inserted into a guide of formulas that include multiple factors to determine how much each spouse should pay in child support. The judge will consider the separate income of both parents, their ability to pay, and custody of the children to determine how much each parent must pay. Child custody is usually decided before a support order is entered. In most states, a judge will try to make a decision that is in the best interest of the child. Of course, the parents can come to an agreement before going to court through mediation. If both parties cannot agree, the judge will use factors such as who was the primary caregiver until the divorce was filed. Reaching an agreement through mediation is always a much easier option. Having an experienced divorce lawyer through the process can help keep things civil and get you a quick and fair resolution.
How is spousal support determined?
Alimony is another common obstacle to reaching a divorce settlement. Most people do not understand how spousal support is calculated until they are in the middle of a heated separation. There are many factors that contribute to how alimony is determined, but in short, it is designed to help both spouses live a lifestyle as close as possible to what they had before the divorce. A judge will use many different factors to make her decision, such as the length of the marriage, the child custody arrangement, and the income and potential income of both spouses. No set equation is used, and most laws allow the judge to use his or her discretion. There is also no set amount of time for alimony payments, but it is usually for the same length of time as the marriage. Since spousal support is determined so arbitrarily, it is vital to have an experienced family law attorney. The right attorney will help ensure that you get the best possible result.