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
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 parentsí 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.