Child
Custody & Parenting Time
Alimony,
Spousal Support, and Separate Maintenance
Child Custody &
Parenting Time
There are
two specific types of custody that are dealt with in a Family Law Matter.
The First is referred to as "Legal"
Custody. Legal custody relates
to the major decision-making with regard to the children of the relationship.
This would include major decisions regarding the children's education,
healthcare, religion, and extended periods of time away from the family home.
The Second
is referred to as "Physical" or "Residential" Custody. This determines which party the children will
reside with on a primary and secondary basis. The Primary Custodial Parent is referred
to as the Parent of Primary Residence. The other parent is referred to as
the Parent
of Alternate Residence. When
determining issues involving Legal Custody and Physical/Residential Custody,
the Court applies the best interest of the Children evaluation.
The Court considers all of the relevant
facts in the case in an effort to further the best interest of the children.
Parenting Time, also known as Visitation,
involves crafting a schedule where each parent would enjoy time with his or her
children. There are many different
aspects of parenting time which must be addressed in each and every
case. These include Regular Parenting Time, Special Occasion
Parenting Time,
Child Support
In child
support situations, every parent of a child has a duty to contribute to the (SCEM)
Support, Care, Education, and Maintenance of that child. The amount and duration of this Support
Obligation depends upon the specific and unique facts of each case. In fact, Child support is the continuous duty of both
parents, which the children are entitled to share in the current income of both
parents and divorce should never cause the children to become the
economic victims to their parents’ duties to provide those needs. The
Courts in most cases use Specific Child Support Guidelines together
with relevant economic information to establish and modify the Fair and Adequate
child support awards.
These
Child Support Guidelines are used as a reputable presumption to establish and modify
all child support orders. But the Courts
may deviate from these guidelines if the Court believes that the guidelines are
inappropriate in a specific case.
Alimony, Spousal
Support, and Separate Maintenance
In
determining whether to enter or not enter an award of Alimony, Spousal Support, or
Separate Maintenance, the Courts will have to consider various factors.
In all actions brought for Divorce,
Dissolution of a Civil Union, Legal Separation from a
partner in a Civil Union, or an Action for Nullity, the Court may award one or more
of the following types of Alimony to either party: (1) Permanent Alimony, (2) Rehabilitative
Alimony, (3) Limited Duration Alimony, (4) or Reimbursement Alimony. In
doing so, the Court weighs and considers the following factors:
1. Ability and actual need of the parties to
pay
2. Duration of the marriage or civil union
3. Age, Physical and Emotional health of the parties
4. Standard of Living established in the marriage or
civil union and the likelihood that each party can maintain a reasonably
comparable standard of living
5. Earning Capacities, Educational Levels, Vocational Skills,
and Employability of the parties
6. Length of Absence from the Job Market of the party seeking maintenance
7. Parental Responsibilities for the children
8. Time and Expense Necessary to
acquire sufficient education or training to enable the party seeking
maintenance to find appropriate employment, the availability of the training
and employment, and the opportunity for future acquisitions of capital assets
and income
9. History of the Financial or Non-Financial
Contributions
to the marriage or civil union by each party, including contributions to the
care and education of the children and interruption of personal careers or
educational opportunities
10. Equitable Distribution of Property
Ordered and
any payouts on equitable distribution, directly or indirectly, out of current
income, to the extent this consideration is reasonable, just, and fair
11. Income Available to Either Party through investment of any assets
held by that party
12. Tax Treatment and Consequences to
Both Parties of an Alimony Award, including the designation of all or a portion of the
payment as a non-taxable payment
13. Any Other Factors which the Court may deem
relevant.
The specific
type(s) and the amount of Alimony, Spousal Support, or Separate Maintenance
actually ordered by the court are determined after the Court analyzed
all the foregoing factors and the equities of the situation. Unlike the establishment of a Child
Support Award, there are no presumptive guidelines which establish or
predicate an Alimony Award.