Child Custody and Support Newsletters

Child Support in Shared Custody Cases

Most child support guidelines present a formula for calculating child support where the parents share custody of the child or children.

Child Support Modification Upon Emancipation of a Child

A non-custodial parent's support obligation generally continues until their child reaches the age of legal majority or becomes emancipated. Where a child has achieved independence from effective parental control, and is no longer dependent upon parental support, the child support obligation may be terminated, even if the child has not yet reached the age of majority. The most common cause of emancipation, however, is attainment of the age of majority.

Restriction on Visitation Rights

In order to protect a child, a court will sometimes impose restrictions on the rights of a noncustodial parent to visit with a child. The extent of the restrictions is based upon what the court finds will best protect the child while still fostering the relationship between the child and the parent.

Tender Years Presumption in Custody Awards

The tender years doctrine is a presumption by a court that a very young child should remain in the care of the child's mother and that a father needs to overcome that presumption by showing he would be the better parent. Many courts no longer use this presumption in making custody determinations.

Who May Seek Child Support Payments on Behalf of a Child?

An order for child support may be entered in connection with a proceeding for dissolution of marriage, legal separation, maintenance, or child support. A court considers many factors including the financial resources of the custodial parent and the noncustodial parent. The order can require either parent or both parents to pay child support. Parents are equally responsible for the support of the children. Child support consists of a combination of periodic monetary support, the maintenance of health care insurance for the benefit of children, the payment of educational expenses of children, and the provision of various forms of security for support to protect against the payer's death, disability, or voluntary nonpayment. One parent can sue another parent in civil court for child support.