Archive for Custodial Parent

Family Law Lawyer Colorado Springs Child Family Law

If you are in the middle of a separation, you need to understand about child family law in your state and how it will impact you. If your divorce involves children, it will be beneficial to know what the particulars will be in your situation says Family Law Lawyer Colorado Springs. These will be the most important decisions you face – it’s imperative that you learn all you can about child family law before you go to court or settle. What does child family law entail? Child family law incorporates everything from child custody, visitation, child support and more in relation to divorce, separation and annulment.

Rights

Are you concerned about child custody and visitation rights during and after your divorce is final? Typically, family courts will be dedicated to encouraging the family dynamic, promoting the presence of both parents whenever healthy for both the child and parent. The court will allow visitation schedules and share the rights of the child or children between the parents whenever possible. Whereas child family law used to favor the mother and would discourage a father from taking a child overnight because it could be “unhealthy” for the infant, the court’s position has shifted dramatically and mothers no longer have the law automatically on their side. Typically the courts now favor joint custody arrangements based on the importance of both parents’ presence around the children explain Family Law Lawyer Colorado Springs. Both parents have responsibility to support their children financially. When a divorce occurs and one parent has physical custody of the children, that parent’s responsibility is fulfilled by being the custodial parent. The other parent then makes a child support payment which fulfills that non-custodial parent’s financial responsibilities. In the case of joint custody, the amount of child support each pays is normally calculated by the court considering the percentage each parent contributes to the couple’s joint income and the percentage of time each parent has physical custody of the children.

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Family Law Lawyer Colorado Springs Child Family Law

Support

Another aspect of the child family law is the payment and financial support of the children. It is in the interest of the courts to ensure that your children are well taken care of. The parents are equally responsible for the well-being of the child. If the mother takes primary custody of the child, for example, and does not have an income as large as her husband’s, she can petition for financial support through child support. Depending on what state you live in, you can get child support based on child family law. The law typically dictates that financial support will continue until the child is 18-years-old or 19-years-old (if still in high school). Child support is a topic which tends to polarize all parties involved. Although in some situations, mothers pay child support to custodial fathers, in the vast majority of cases, mothers are the custodial parents and non-custodial fathers pay child support says Family Law Lawyer Colorado Springs. So, how does the child support system work, and what does a father need to know in order to manage his obligations? The obligation to support a child is not conditioned by marriage. If you are a parent, you have responsibility to financially support your offspring. A permanent change in child support is often considered when income changes due to a remarriage, either parent has a job change that affects ability to pay, or the child involved has new and different needs than were contemplated when the original amount was set.

Domestic Violence

While this is the best arrangement for most kids, when dealing with an irrational, abusive or vindictive ex, it can make the child custody arrangements extremely difficult. In these cases, it’s imperative that you know about child family law because there are things you can do to make it easier on you and your kids. Concerns relating to child abuse are twofold. If you are being accused of child abuse, you can lose custody and visitation of your children indefinitely; where on the other hand, if your spouse or ex-spouse is physically, emotionally or sexually abusing your children, you will want to remove them from harm’s way.  Contrary to what some abusive or vindictive people will have you believe, there is immediate help available if you leave your spouse and have no means to support them. Domestic violence forums are a great source of information on this as well as local domestic violence shelters. Learn more about how child family law works in your state to see how it will impact your future separation and divorce proceedings explains Family Law Lawyer Colorado Springs. If you are a victim of spousal abuse or if your children are victims of child abuse, a qualified attorney can help get you out of the dangerous situation. They can help you file any necessary restraining orders so your abuser can be ordered to stop the abuse. Your lawyer can also help you with the legal aspects pertaining to divorce, child custody and visitation. Making a mistake will only do more harm than good and it can continue to place your child in a dangerous situation or environment. If you were accused of child or spousal abuse, you will need legal representation as well. Unfortunately, parents are falsely accused of child abuse all the time. This is especially true in the cases of bitter breakups or contested divorces. Often times one parent will falsely accuse the other parent of physical or sexual abuse against themselves or their minor children in order to gain an edge in a child custody battle.

Family Law Lawyer Colorado Springs Child Family Law

Family Law Lawyer Colorado Springs Advice on Child Support

When married parents’ divorce or separate, or when only one of the unmarried parents of a child has custody, the court may order the “non-custodial” parent (the parent with whom the child does not live) to pay a certain portion of his or her income as child support says Family Law Lawyer Colorado Springs. This is not the only scenario in which child support might arise. Less frequently, when neither parent has custody, the court may order them to pay child support to a third party who cares for their child. No matter what situation gives rise to the need for child support, it might help to think of the legal right to child support as being possessed by a child (which it technically is), for his or her proper care and upbringing, regardless of who actually receives child support payments.

What is it?

A subset of family law and as in Child Custody law, overlaps with divorce law. Child support is court-ordered payment by one parent to the custodial parent of a minor child after divorce or separation as a contribution to the costs of raising the child. This is a provision to ensure that the child should receive equal support from both parents which it would have received if there was no divorce. Usually, the amount of child support is based on the income of both parents, the number of children, the expenses of the custodial parent, and any special needs of the child says Family Law Lawyer Colorado Springs. Most states have child support guidelines that establish the ordinary support required to raise and care for the child. It may also include health plan coverage, school tuition or other expenses, and may be reduced during periods of extended visitation such as summer vacations.

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Family Law Lawyer Colorado Springs Advice on Child Support

Terms

Child support generally continues until the child reaches 18 years, graduates from high school, is emancipated or, in some cases, for an extended period such as college attendance. The amount and continuation of support may be changed by the court upon application of either party depending on a proven change of circumstance of the parents or child expresses Family Law Lawyer Colorado Springs. Child support is not deductible from gross income for tax purposes nor is it taxed as income. Child support orders are issued by the family court, which bases the amount of the support on the state child support guidelines. These guidelines establish the amount of support that must be paid, based largely on the non-custodial parent’s income and the number of children. The court will also take into account other relevant factors, such as the custodial parent’s income and the needs of the children. The court can deviate from the guidelines if there are significant reasons for doing so.

Visitations

Child support and visitation are independent obligations states Family Law Lawyer Colorado Springs. One cannot stop paying support if visitation is denied, nor can visitation be denied for nonpayment of child support. A person who denies ordered visitation or fails to pay ordered child support can be held in contempt of court and states have various remedies, which vary by state, for pursuing claims against parents who owe back child support. Such remedies may include driver’s license suspension, wage garnishment, and attaching unemployment compensation, worker’s compensation, and federal tax refunds, among others.

Family Law Lawyer Colorado Springs Advice on Child Support