Child custody and support determinations are matters that courts do not generally want to become involved in, but they will do so if the parties cannot reach an agreement, or if the best interests of the child compels involvement of the courts. While it is rare that one parent will lose legal custody of his or her child, it is possible. However, in most instances when the parents are involved in divorce proceedings, the parents will retain joint legal custody of their children, with one parent have primary physical custody. In making the determination of which parent will have primary physical custody of a child, the courts consider several elements before placing the child in the physical custody of the parent whose situation and characteristics will most effectively promote the best interests of the child. Because child custody and visitation issues are so important, if circumstances change the courts are ready, willing and able to review the current circumstances and if necessary, order a change in physical custody from one parent to the other. Support for the children is the obligation of each parent and the General Assembly enacted a statute that contains a guidelines formula for ascertaining the amount each parent must pay per child. The formula used takes into account the combined monthly gross incomes (the amount of pay before taxes and other deductions are made) of each parent, and specifies the amount of support that is due, depending on the number of children. The non-custodial parent must pay the custodial parent for his or her share of child support based upon his or her pro rata percentage of the combined monthly gross income of both parents. In some instances, the courts may deviate from the guidelines amounts, but rarely does this occur. Unless they otherwise agree, spousal support usually terminates when either spouse dies, the party receiving alimony remarries, or the party receiving support acts in a manner that under state law terminates the right to support.

Frequently Asked Questions

 


Q: Who Gets the Kids?

A:

Child custody and support determinations are matters that courts do not generally want to become involved in, but they will do so if the parties cannot reach an agreement, or if the best interests of the child compels involvement of the courts.

While it is rare that one parent will lose legal custody of his or her child, it is possible. However, in most instances when the parents are involved in divorce proceedings, the parents will retain joint legal custody of their children, with one parent have primary physical custody. In making the determination of which parent will have primary physical custody of a child, the courts consider several elements before placing the child in the physical custody of the parent whose situation and characteristics will most effectively promote the best interests of the child. Because child custody and visitation issues are so important, if circumstances change the courts are ready, willing and able to review the current circumstances and if necessary, order a change in physical custody from one parent to the other.

Support for the children is the obligation of each parent and the General Assembly enacted a statute that contains a guidelines formula for ascertaining the amount each parent must pay per child. The formula used takes into account the combined monthly gross incomes (the amount of pay before taxes and other deductions are made) of each parent, and specifies the amount of support that is due, depending on the number of children. The non-custodial parent must pay the custodial parent for his or her share of child support based upon his or her pro rata percentage of the combined monthly gross income of both parents. In some instances, the courts may deviate from the guidelines amounts, but rarely does this occur.

Unless they otherwise agree, spousal support usually terminates when either spouse dies, the party receiving alimony remarries, or the party receiving support acts in a manner that under state law terminates the right to support.


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