GOV-360 Child Custody and Support
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Child Custody and Support
Rebecca Hudson
GOV-360: Civil Law
Shana Mckee
November 12, 2023
2
Child Custody and Support
Upon dissolution of the parents’ relationship, child custody is determined based on the
best interests of the child or children involved. There are several principles which help the courts
to determine the best interests of a child. The first being the avoidance of removing the child
from their home (Children’s Bureau, 2020.). If possible, it is preferable to not cause a child to
have to relocate when deciding custody. Keeping a child in the same school, programs, and
friend groups is very beneficial to the child’s wellbeing. Another principle of best interest is the
health and safety of a child (Children’s Bureau, 2020). If a marriage breaks up due to abuse,
neglect, or other unsafe situations, the parent which is determined to be unsafe will not receive
custody over a child. This may even result in the parent losing any right to visit a child at all. The
last principle used to determine best interests is that the child must receive care and guidance
which will help the child to develop properly. This principle looks at the parent’s abilities to
provide an adequate home, food, clothing, and medical care (Children’s Bureau, 2020). If one
parent is not financially stable enough to provide for their child, the other parent will likely
receive custody of the child. Some states also consider family bonds or the child’s wishes when
determining custody. However, a child must be of a certain age and maturity level for their
interests to be considered (Children’s Bureau, 2020). Younger children’s wishes are not taken
into account due to how easily young children can be influenced an swayed by their parents. All
of these factors help the court to determine what form of custody will best provide for, protect,
and benefit the child involved.
Determining Child Support
Child support is monetary compensation given from one parent to the other in order to
care for the child or children after a divorce. Child support is typically paid by the parent who
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has no custody or less custody over the child. Child support payments are usually terminated
once the child is 18 years old. The amount of child support is typically determined by the gross
income of the parent who is legally responsible for supporting the child. The amount of child
support being paid must help cover the child’s medical, dental, and vision insurance as
applicable. Child support must also help cover reasonable or necessary education expenses. This
may include private school or special schooling tuition if agreed upon by both parents, or court
ordered. Child support guidelines may change, and obligation may increase if any of the children
involved are special needs or handicapped (Arizona Child Support Guidelines, 2015). In 1987, a
case ordered that child support must be paid for the adult daughter of divorced parents. Although
the child in this case was an adult, the court determined this ruling based off evidence of the
daughter’s mental disability (In re Marriage of Winters, 1987). Although child support is initially
determined based off guidelines laid out by the state, there may be exceptions made due to
individual circumstances.
Enforcing Child Support
If a parent does not pay child support as required by the court, there are several different
way in which the payment of child support can be enforced. In Arizona, the Arizona Division of
Child Support Enforcement (DCSE) assists in enforcing child support payments. The DCSE may
use one or more of the following methods: withholding wages, liens against personal property,
suspension of licenses (professional, occupational, recreational, or drivers), or passport denial.
These are just a few of the methods the DCSE has in place to enforce child support payment and
ensure the child can be taken care of (Child Support, n.d.) In
Dishmon v. State
(2002), the
defendant was ordered to pay child support. Over the next five years, he was incarcerated several
times. The defendant was charged with non-support as he owed $10,000 in child support. He
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appealed to have child support reduced during the periods in which he was incarcerated.
However, the court was unable to reduce support orders and the defendant was convicted of
felony nonsupport. In the case of
People v. Little
(1980), the defendant was charged with
nonsupport of a child after failing to pay child support for two of his children, born out of
wedlock. However, the charge was dismissed on the grounds that the defendant was not a “parent
and thus was not charges with the care or custody of the children.
Conclusion
Child custody and support are both important in assuring the wellbeing and safety of a
child after the divorce of their parents. Custody is determined based off the best interests of the
child and aim to ensure the mental and physical wellbeing of the child. When custody is
determined, child support is often required of the non-custodial parent. Child support helps to
reasonably maintain the lifestyle that the child had before the divorce. This may include private
school tuition, or medical needs. The courts have guidelines which may vary from state to state
in order to determine custody and support.
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Reference
Arizona Child Support Guidelines, (2015).
https://www.azcourts.gov/portals/31/child
%20support/2015csguidelinesred.pdf
Child Support, (n.d.).
https://www.azlawhelp.org/viewquestions.cfm?mc=1&sc=2&qid=1429
Children’s Bureau, (2020). Determining the best interests of a child.
https://www.childwelfare.gov/pubpdfs/best_interest.pdf
Dishmon v. State, 770 N.E.2d 855, 2002 Ind. App. LEXIS 962 (Court of Appeals of Indiana,
Second DistrictJune 19, 2002, Filed ).
https://advance-lexis-
com.lopes.idm.oclc.org/api/document?collection=cases&id=urn:contentItem:4645-3FB0-
0039-436R-00000-00&context=1516831
.
In re Marriage of Winters, 160 Ill. App. 3d 277, 512 N.E.2d 1371, 1987 Ill. App. LEXIS 3101,
111 Ill. Dec. 734 (Appellate Court of Illinois, Second DistrictSeptember 1, 1987, Filed ).
https://advance-lexis-com.lopes.idm.oclc.org/api/document?
collection=cases&id=urn:contentItem:3RRM-3TX0-0054-H2G8-00000-
00&context=1516831.
People v. Little, 105 Misc. 2d 899, 430 N.Y.S.2d 534, 1980 N.Y. Misc. LEXIS 2633 (County
Court of New York, Onondaga County July 11, 1980 ). https://advance-lexis-
com.lopes.idm.oclc.org/api/document?collection=cases&id=urn:contentItem:3RRS-
G8K0-003C-F0X9-00000-00&context=1516831.