Custody means “the care, possession and control of a thing or person.” Child custody, however, also includes the guardian and maintenance of a minor. Confused yet? Custody battles can get ugly and are quite often confusing. While some parents wish for any involvement in their children’s lives, others wish to fully extricate themselves from their former spouse, even if it comes at the expense of their kids.
It’s important to note that child support laws vary from state to state and rulings are determined by a number of things, such as a parent’s overall fitness (e.g. financial stability, place of residence, quality of neighborhood). It’s equally important to note the following if you find yourself in the middle of a custody battle:
Men Can Petition The Court For Support
Typically, the parent who assumes “physical custody” or “residential custody,” as opposed to “legal custody,” also assumes the right to collect the child support payments. Keep in mind that some states may defer custody to the father, and others to the mother. A judge may suppose that the mother is the better choice when it comes to caring for the minor. If you want custody, an attorney may be able to help you overcome that bias. If you want monetary help, you’ll need to jump through additional hoops.
Payment Is Determined By A Formula
Typically, child support is based on your income and factors in costs such as clothing, healthcare and food. If two people have similar incomes and reside in the same court jurisdiction, the payments should be relatively similar, theoretically speaking. However, having a good attorney can make all the difference in the world. Representing yourself against a trained litigator is never a good idea and may result in you having to pay more than your ex.
You Can Broker An Agreement Away From The Courtroom
Filing suit is an action of last resort. You don’t need a judge to determine child support payment amounts. In fact, courts in most jurisdictions prefer people to work out disputes on their own. For the agreement to be legally binding, however, it needs to be signed, sealed and approved by a judge.
The Court Doesn’t Control How Money is Spent
Many people complain that their exes spend the child support money on frivolous things. Contrary to popular belief, judges don’t restrict or determine what happens to the money once it’s paid. Their job is simply to uphold the law, which does not restrict what the recipient spends the money on. The court is only concerned with the minor’s health and welfare.
It’s Your Duty
A custody battle can be one of the most draining experiences you’ll ever have. It is, after all, a complex mix of emotions, finances and law. While it helps to get an attorney, the truth of the matter is that a vicious custody battle can be harmful both to your financial well-being and your emotional stability. Familiarizing yourself with child support law basics before you begin shelling out money to an attorney not only saves you time and money, but also gives you peace of mind.