Child Custody and Support Essay

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Jan 9, 2024

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Child Custody and Support Essay Marisol Acosta College of Humanities and Social Sciences, Grand Canyon University GOV-360: Civil Law Kathleen Sedille November 12, 2023 1

Describe how child custody is determined upon dissolution of the parents’ relationship. Child custody is determined upon dissolution of the parents’ relationship regarding the physical safety, mental, and emotional state of the child. During a marriage divorce, the law provides for equal parental rights if the child is from both parents. The parent-child relationship is important to consider because if the child in any way does not feel in any way safe with one parent that is a reason to not custody the child to that parent. Depending on different situations the quality time being spent with the child can also be considered. According to Cornell Law School, it states, “A decision in the “the best interests of the child” requires considering the wishes of the parents, the wishes of the child, and the child’s relationship with each of the parents, siblings, other persons who may substantially impact the child’s best interests, the child’s comfort in his home, school, and community, and the mental and physical health of the involved individuals.” (Cornell 2022, pg.1). This explains the importance of how the daily life of the child is observed and how it may positively or negatively impact it being with one single parent the majority of the time. Making sure all the factors are considered will definitely positively affect the lives of the child/s. Explain how a court determines child support obligations and amounts. A court determines child support obligations and amounts based off of the income earned between both parents. The income shares model is used based on how many children are in place and how much the individual parent is making on working wages a year to help determine how much money will go towards the child/s. The total numbers are calculated and broken down into possible spending factors. This could include things like education, medical insurance, childcare, food, or even older child adjustment because if the child is older but less than 18 can result in paying more child support. According to the Arizona Child Support Guidelines, it states, “The 2

Arizona Child Support Guidelines follow the Income Shares Model, which considers the income of both parents. Under the model, the total child support amount approximates the amount that would have been spent on the children if the parents and children were living together. Each parent contributes his or her proportionate share of the total child support amount.” (GOV 2021, pg. 1). This is entitled to how a parent’s annual allowance is used as a way to determine how much money is necessary to maintain a child moving forward. Many other factors could be considered in every situation and are based on the amount to be given. The obligations of a child also depend on if the child/s has any disabilities and requires additional financial help or more quality time from the parents. Describe ways that a parent may enforce a child support order if it is not paid. Ways that a parent may enforce a child support order if it is not paid include filing a petition with the courts. When a parent does not responsibly pay child support can result in many legal consequences within the court system. This is considered to be morally irresponsible within their duties as a parent and themselves. Not only does the parent not paying child support suffer the consequences but so does the child because the child is dependent on the money received from the parent. This is extremely important to follow the necessary steps into making sure the parent is providing financial support to the child. According to the law it states, “Income withholding of wages, new hire reporting, lien against real and personal property, unemployment insurance benefits, workers’ compensations, and suspension of driver’s license.” (Morris 2020, pg. 1). This briefly explains how a parent may enforce a child support order through the Arizona Division of Child Support Enforcement (DCSE). This is by having the parent with custody of the child getting provided aid through public assistance to help with further actions against the other 3

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parent. The consequences vary from how the parent not paying the child support wants to proceed in the process, including jail time and other necessary actions. Conclusion In conclusion, Child custody is managed in a way where everyone is benefited from. The child is a key factor in the situation because making sure the child is in a safe and well- maintained environment can have a big effect on the future of the child. Both parents have moral obligations towards the child or child including providing the child with the proper education, physical safety, or emotional or mental health. The child/s quality of life and future is a top priority when determining a difficult situation. 4

References Cornell, L.S. (2022, July 6). Child custody . Legal Information Institute. https://www.law.cornell.edu/wex/child_custody GOV. (2021, September 14). Arizona Child Support Guidelines . Maricopa.gov. https://superiorcourt.maricopa.gov/media/7387/child-support-guidelines-2022.pdf Morris, W.E (2020, February 22). Child Support . Azlawhelp.org - questions - child support. https://www.azlawhelp.org/viewquestions.cfm?mc=1&sc=2&qid=1429#:~:text=There %20are%20a%20number%20of,compensation%2C%20suspension%20of%20driver%27s %20license%2C 5

Child Custody and Support Essay

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