Child custody
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Grand Canyon University *
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GOV-360
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Law
Date
Feb 20, 2024
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docx
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Uploaded by MinisterStrawJellyfish381
How Child Custody is Determined
Child custody is determined upon dissolution of the parents’ relationship by a few different factors. The main factor is the best interest of the child standard. The best interest of the
child standard is when the court must examine areas such as, the need of the child to have a continuous relationship with both parent, the ability or willingness of the parent to perform their parental duties, the relationships between the parents and other relatives of the child, the child’s adjustment to their new community or school, the mental and physical health of everyone involved, if the parent is looking to move the child to a new home, and the courts also look at the
wishes of the parents and the child (“Determining the Best Interest,” 2020). The best interest of the child is determined when the court looks at all of these factors and decides custody based on the outcome of the answers to the different questions asked to establish what the best interest of the child is. The child’s opinion or whishes will be given more weight as they get older (“Determining the Best Interest,” 2020). There are other standards of child custody such as, the Tender Years Presumption. This idea is that a young child should be in primary custody of the mother since she is more fit to care
for a baby, but since this is gender based it is not a strong idea and can be non-constitutional (Walling notes, 2022). There is also the Primary Caregiver which is whoever is deemed to be the main caregiver will likely be the parent with custody of the child. Same Gender Preference is when the child is more likely to be place in a household with the same gender as them (Walling notes, 2022). Child Support Obligations and Amounts
Child support amounts and payments are deliberated in the court based off of finances, income, the needs of the child, and standard of living (Walling Notes, 2022). Child support is a payment from the non-custodial parent and that parent must also provide healthcare for the child.
Child support lasts until the child reaches the age of eighteen in most states or if the child is emancipated. If the child misbehaves or is out of line the divorced parents can seek to terminate child support. The amount paid in child support varies in each case based off the factors previously stated (Walling Notes, 2022).
In most states including California, New York, and Ohio the income chare model is used. It is when the courts take both the incomes of each parent and add them together ("How Is the Amount of Child Support Determined?" 2023).
Then depending on how many children there are and a certain amount of money is determined by looking at the location of the net income and
the number of children on a support table. A few states use the percentage of income model. This
model applies a percentage of the non-custodial parent’s income to decide the amount of support.
The percentage can be unmoving even if the parent’s income goes up or down or it can be fluctuating. ("How Is the Amount of Child Support Determined?" 2023)
. The last model only three states use. It is the Melson formula. This formula is similar to the income shares model but allows for a greater degree of support when the parent’s income is increased. Two jurisdictions Massachusetts and Washington, D.C. use a combination of the income shares model and the percentage of income model ("How Is the Amount of Child Support Determined?," 2023)
. If child support is not paid it can be enforced through harsh means.
Enforcement of Child Support
There are ways to enforce child support payments. The Child Support Recovery Act of 1992 actually states that not paying child support is a federal offense. The first violation of CSRA can be punishable by six months in prison or a fine. Further violations can be punishable by two years in prison. This is not necessarily the best option for the parent in custody of the child because if the child support paying parent is in prison, they are not paying child support. So, other options that enforce payment can be income withholding for child support. There is also the federal tax offset program that instead of a tax refund the money goes to the child. A lien
could also be put on the parent’s property ("Child support collections and enforcement," n.d.).
The custodial parent could levy the property of the parent not paying child support. There is also writ of execution which is when the sheriff seizes the parent’s property for payment of child support ("Child support collections and enforcement," n.d.).
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References
Child support collections and enforcement
. (n.d.). Official Website of the New Jersey Judiciary |
NJ Courts. https://www.njcourts.gov/courts/child-support#:~:text=Some%20of%20the
%20ways%20Probation%20enforces%20unpaid%20child,refunds%207%20Report
%20judgments%208%20Credit%20bureau%20reporting
Child Support Recovery Act, 18 U.S.C.A. §228
Determining the Best Interests of the Child
. (2020). Child Welfare Information. https://www.childwelfare.gov/pubPDFs/best_interest.pdf
How Is the Amount of Child Support Determined?
(2023). https://www.hg.org/legal-articles/how-is-the-amount-of-child-
support-determined-42008