Child Custody and Support

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Jan 9, 2024

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1 Child Custody and Support Sarae Zepeda Grand Canyon University GOV-360 Shana McKee

2 Child Custody and Support Child custody and support are too critical aspects of family law that are a part of the dissolution of parents relationships. These are two issues that must be solved with and involve legal consideration that are aimed at prioritizing the best interest of a child. Child Custody Upon the dissolution of the parents relationship child custody is the courts primary concern. This is to ensure that the focus is on the child and their well-being and best interest. There are several factors that help the core assess how to parent share custody. This includes parental fitness, child’s best interest, and the possible coparenting abilities. The child’s best interest is by far the biggest determining factor in the custody agreement. The judge is faced with analyzing what method would maximize what is best for the particular child. When evaluating the child best interests aspects such as the child’s health and emotional ties with each parent help determine the child custody arrangement. And to, “specify alternative outcomes and predict the probability that each outcome might occur, and assigned each outcome a utility measure that integrated his values and allowed comparisons among alternative outcomes” (Mnookin,2014). This also includes courts evaluating both parents physical and mental fitness in order to determine the stability of each household. In the Troxel v. Granville (2000) case the US Supreme Court emphasize the importance of parental fitness as a guide to determine custody decisions and types of custody arrangements (Legal Information

3 Institute). The relationship between the parents and their coparenting abilities are also assessed. If the parents have a positive relationship with each other and with their child this process simpler and can be well managed. Child Support Obligations Child support obligation and amounts are typically decided on a case-by-case basis in a state court trial. The amounts are based upon both parents’ incomes and resources as well as the amount of time each parent has custody of the child during the week. The percentage of income model and income shares model are the two basic formulas for calculating the obligation of each parent. The percentage of income model is calculated based on the non- custodial parent income. This is because it is thought that the custodial parent is ready spending the majority of his or her income on the child or children. The income shares model is when the support obligation is split between the parents. This entails that the level of support split equally by the parents in order to resemble what it would be like if the parents were still living together and splitting their children’s expenses (Fay, 2023). Other supplementary criteria when determining child support payments include quality of life, associate expenses, and specific needs of the child. For example, if the child lives in an area with a higher cost of living that parent will be responsible for hire child custody payment. Courts also take into account a child with special needs or any mental disabilities. As circumstances change for each parent, only through legal action can the number of payments be changed. This is to ensure that the payments remain fair when there is substantial change. In 1998, Bonnie Gay Turner upheld a

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4 petition to modify her ex-husband’s requested child support payments. She had claimed that at the time of the divorce Mr. Turner’s income was relatively small and has since increased. The court held that a judge may decree an increase or decrease of such allowance only upon a showing of substantial material change in circumstances” (Justia Law, n.d.). Enforce Child Support When a parent fails to keep up with or comply with a child support order, there are several ways to ensure the financial well-being of the child. First is wage garnishment, this is a court process in which there is an automatic percentage taken from the noncustodial parents’ wages in order to ensure that the payments are made on time inconsistent. Second, if a parent knowingly violates a child support order they can be held in contempt of court. This can result in the parent having to pay fines, serve jail time or face other penalties. Lastly liens can be placed on the noncompliant parents’ property and valuable assets may be seized In order to resolve the overdue child support payments. This method is in place to help motivate the parent to be compliant with future child support payments.

5 References Fay, B. (2023, July 21). Child support – financial laws & responsibilities . Debt.org. https://www.debt.org/family/child-support/ Legal Information Institute. (2000, June 5). Troxel v. Granville . Legal Information Institute. https://www.law.cornell.edu/supct/html/99-138.ZS.html Mnookin, R. (2014, January 1). Child Custody Revisted . Child Custody Revisted. https://lopes.idm.oclc.org/login?url=https%3A%2F%2Fsearch.ebscohost.com %2Flogin.aspx%3Fdirect&db=ofs&AN=97628343&site=eds-live&scope=site Legal Information Institute. (2000, June 5). Troxel v. Granville. Legal Information Institute. https://www.law.cornell.edu/supct/html/99-138.ZS.html Turner v. Turner . Justia Law. (n.d.-b). https://law.justia.com/cases/tennessee/court-of- appeals/1988/776-s-w-2d-88-2.html

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Child Custody and Support

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