Are you considering or going through a divorce and need help? Check out these 4 child support and custody facts, then call our Jamestown office today.
Calculating Child Support
I was discussing child support with a client the other day, and they were asking me how that’s calculated. There is a simple answer to that, and that is there’s actually a calculator, a computer program that you use to go and calculate the child support. You pop in the different numbers, as far as the income; you take out the FICA, which is your Social Security; and you crunch the numbers. It’s pretty simple as far as what the number is going to be, as far as how child support should be paid.
Now, that is what is under the Standards Act and if there’s litigation, that’s the way the judge is going to rule. However, on occasions, if you want to go work something out, you’re willing to take less for some reason – maybe the other party is helping you out extra somehow and you want to take less – we have to go and mention, on the record, how much child support should be and that you want to opt out. You don’t have to take that amount, but you are entitled to that amount.
Do you have questions about calculating child support in New York State? Contact experienced Jamestown divorce lawyer Scott F. Humble for a free confidential consultation. Let his 30+ years of experience work for you.
Shared Child Custody
I have many clients come in and what they want is called shared custody, essentially 50/50. If that has been the history, that both the mother and the father have been giving primary care to the children, then that is absolutely what should be continued if possible. That’s a great idea. I do have clients come in with the misconception that if they step up to the plate and have the children half the time, that they won’t have to go and pay child support; that has absolutely nothing to do with it. Whoever makes more money, bottom line, is going to end up paying child support.
I’m in litigation right now on a divorce and the client was asking about what kind of custody or visitation schedule arrangement is standard. I think the best – and I think that this is the position of the court as well – is whatever you can go work out mutually. Of course, both parties are going to have to get along to go and do that, but that is the best. Normally, I alternate holidays. Of course, they’re with their mother on Mother’s Day, father on Father’s Day, and then split the other ones, and split the vacations. It doesn’t matter if it’s winter, spring, summer – those vacations should be split.
If the parents can’t get along, then in addition to splitting the holidays and the vacations like I mentioned, normally the individual that gets visitation would get visitation every Wednesday from after school, when school’s in session, to the next morning – they would drop of their child or children and their place of school the next morning – and every other weekend would be a standard type of visitation schedule.
Fathers Custody Rights
I have a client right now that just came to see me and his wife actually moved out. He’s a primary caregiver for the children. There was a concern, though, that the wife hasn’t been complying with what kind of visitation rights my clients wants to see. In that particular case, we’re going to Family Court because it’s a little bit quicker, and we’re going to seek an order of custody for my client, so that the children cannot be taken out of the county. Of course, the mother will get visitation, and we’re also doing a support petition because she needs to pay support. The theory here is basically what is in the best interest of the children. New York State is very conscious and the judge is not to discriminate against a father or a mother.
Do you have questions about child support and custody rights and have questions based on our 4 child support and custody facts? Contact experienced Jamestown Family Law Lawyer Scott F. Humble for a free confidential consultation. Let his 30+ years of experience work for you.