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Divorce And Child Custody: Child Support Calculation

In cases where child custody is being disputed when a couple decides to separate or divorce, the divorce decree will often include a child support order. The child support order typically defines the frequency and the amount of child support payment that one parent, who is generally the non-custodial parent, has to make to the other parent, who is generally the custodial parent, for the support of their minor child. One of the main purposes of the child support order is to regularly transfer the earnings of one parent to the other parent to combine the wealth of both parents to financially support the child.

How is the child support payment determined? Child support matters have been very ruled by federal laws in order to prevent too large of a difference in the amounts being ordered from one court to another. Child support payments are typically determined according to basic and objective federal guidelines. Consequently, most states have set up mathematical formulas to determine the amount of the child support payment. Attorneys are often able to calculate child support payments for their client using child support calculators to give an estimate of the potential amount that the non-custodial parent will have to pay the custodial parent.

Which revenues are taken into account in the child support formula? The child support calculation formula usually takes into account the net incomes of the parents. This may include all federal and state income taxes, Social Security and Medicare tax, health insurance payments, union dues and other mandatory expenses that are deducted from the gross income of the parents before calculating the child support order. In many cases, parents may also have to present evidences regarding their incomes including pay statements, profit-loss statements of sole proprietorships, or tax returns in order to prevent one party to hide income to the other party to properly calculate child support.

In addition to the net incomes of the parent, the child support formula takes into account other factors such as the amount of time a child spends or lives with each parent, number of children, special medical or education expenses. Determining the amount of the child support can be very complex and the child support calculation formula can vary from state to state. As a result some states decided to use computer programs to determine the accurate amount of child support while others have different methods.

If you are seeking help in determining child support payments you would be wise to consult an attorney in your area to help you calculate and determine the amount of child support based on the child support formula in your jurisdiction.

2006 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. "How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

Fathers Rights, Child Support, Child Custody, And Reasons To Combat A Biased Legal System

The issue of a father's rights is a very important issue during child support and child custody cases. The way the court system is structured in the United States today, there is a generally clear bias favoring the maternal side in cases dealing with children and child support. Ideally, child support should always put the child's interests at the forefront. However, this isn't always the case, as many times children are simply put into their mother's custody despite her inability or unwillingness to care for them.

A father has a right to contest any and all child custody and support cases and it is generally in his best issues to do so. Typically, there are several areas of concern in regards to the rights of a father in child support cases that need to be addressed as soon as possible.

First and foremost, father's typically have to pay far more 'child support' than what is truly necessary for the child. While it is a child and a responsibility, as long as the father can provide the basics for a child, the support obligation is technically met. Now what constitutes 'the basics'? Well, every child needs to have adequate clothing, food, and shelter. A father should also be providing money for school, health care expenses, and various other necessities that are required for the child to maintain an adequate standard of living. What a father shouldn't be paying for, and often times is, is for living expenses of the mother.

Often child support payments seem to be excessive and the extra income is spent by the mother on things other than the child or used as a basis for her to support herself and not work. This is unacceptable and is definitely a grounds for a father to challenge his child support payment amount and get a judgment to reduce his child support payment

In addition to child support payments, child custody is also another issue that concerns a father and the rights he has to a child. Again, the court system will typically award custody to a mother almost by default. The father has to fight a biased legal system in order to gain access to his children even for joint custody or visits let along trying to obtain full custody.

There is also another issue regarding paternity. It is estimated that up 20% of fathers are paying support for children that aren't their offspring. Learning about paternity issues and how to challenge paternity in court is a major step that allows a father to combat high child support payments.

So what can be done to help establish and ensure the rights of fathers to their children? Well, a good lawyer and an thorough understanding of the laws involved on a national and state level is a good start. Free consultations with lawyers make perfect sense, followed by obtaining various information that could lead to reducing your child support payment or fighting for joint custody of your children.

Increase Your Chances Of Taking Your Child By Hiring A Louisiana Child Custody Lawyer

Child custody is the important issue next to divorce. After parents decided on their intent of filing petitions for divorce that will nullify their marriage with each other, they will now be facing off each other on family courts for arguments regarding who between them have the right to take their children under custody.

A though most state laws guarantee mother's custody to the child prior to the start of hearing child custody cases, most fathers will not let go of their right to place the children under their custody. After all, they are also parents-- part of the creation of these children who are now center of the issue and the one who are suffering from the problems arose from their parents' differences.

In cases where custody matters inevitably need to be taken into courts for more legal battle, it is important that you hire a child custody lawyer. These lawyers specialize on cases with regards to child custody as well as the laws and regulations governing the legal dispute. He or she will be the one who will argue and fight for your right if you think you are the one that has the capability of taking care of your children based on the existing circumstances as well as state laws. Moreover, he or she will be your legal adviser when it comes to laws governing child custody cases. And if the case falls within the state of Louisiana's jurisdiction, it is just wise that you hire a Louisiana-based child custody lawyer.

State laws passed on Louisiana are relatively different from laws passed on other states. Such laws passed on Louisiana are said to be based on so-called Roman jurisprudence unlike in other states where the English jurisprudence is followed. The former is passed through the legislature and the judges are only interpreting it. In other words, their rulings can not affect the rulings of judges on other states, although they have the same legal case tried on family courts. Louisiana child custody lawyers have that wide knowledge and necessary expertise when it comes to laws governing child custody cases.

In getting a Louisiana child custody lawyer, there are certain qualifications and considerations you need to think about. Although he have that wide knowledge over Louisiana laws, it is important that he or she can give priority to your case before anything else. There are lawyers that are quite busy with their other cases, often neglecting yours. Try to find out if he is willing to dedicate his time and expertise in fighting for your custodial right over your children.

Also include in your checklist his affordability. Inquire about their rates, whether they are asking for a per-hour or a per-appearance basis. This will enable you to figure out if you can compensate him while your case is running on Louisiana courts. Furthermore, there must be a written contract between you and your lawyer, stating the agreed services and payments in order to avoid misunderstandings on the end.

Most of all make sure that you have the odds or high chance of wining the child custody case against your spouse. Your Louisiana child custody lawyer will be the one to evaluate the circumstances and assess the possible success or failure of your case. Whatever the case may be, your Louisiana child custody lawyer will be the one who will fight for your right on your children, whatever it may take.

This content is provided by Low Jeremy and may be used only in its entirety with all links included. For more info on Child Custody, please visit http://child-custody.articlekeep.com

Child Custody And Child Visitation Disputes: The Best And Worst Case

When a divorce or dissolution of marriage is brought before the family court, child visitation is considered at the same time and according to similar factors as child custody. The term stands for the time in which the non-custodial parent is allowed to meet or visit with his-her child. However, under certain circumstances a parent can be denied child visitation or child custody in the case of sole physical custody. Child visitation is often associated with the term "parenting plan," which typically outlines the type of legal custody and physical custody of each parent and can also define when the child is to visit or be with the non-custodial parent. Parents can reach such an agreement on their own, this is the best case, or the court can decide on this matter, which is often the worst case scenario.

Typically, the best situation for a child in a divorce, child custody, and child visitation matter is when both parents manage to solve their personal differences to reach an agreement or parenting plan or child visitation schedule out of court. In this case, any agreements reached between both parents can become the parenting plan. When a parenting plan is created and child visitation and child custody issues are resolved, it may not require anymore matters to be brought to the court even if the child is very young. A decade ago, the family courts would often give infant visitation guidelines preventing the non-custodial parent from spending a lot of time with his-her child. Such provisions are not valid anymore, but rather frequent and continuous contact with both parents is encouraged. Off court agreements does not necessarily need to be translated in a written contract and signed by both parents. However, parents may be well advised to have a written and signed parenting plan for future reference in case a child custody or child visitation dispute arises. It can also be used as a stipulation between both parties and then issued as a court order for future enforcement purposes.

Now, what if the parents are not able to reach an agreement on child visitation or child custody? Both parents will often be required to participate in a mediation process before having a court hearing or before a judge hears the case. Typically, the two parents will be assisted to work out a parenting plan by a third-party or mediator, who can be an experienced attorney or social worker. Many child visitation and child custody issues find a happy ending through mediation sessions resulting in a parenting plan agreement, which can then be presented as a stipulation ad then as a court order.

Generally, the worst case is when mediation fails. In this situation, the next step is typically for a court hearing in order to solve the issues. Judges nowadays often require custody evaluations of the family by experts in the field of child psychiatry, psychology or mental health. Licensed social workers can also be called to present evidence for consideration by the court. Once all pieces of evidence have been presented, the court will typically make its decision. This is the worst case child custody and child visitation dispute method because it can be very complex, expensive, and long-draw out. In some highly contested child custody and child visitation cases, child custody and child visitation disputes will eventually result in denying child custody and child visitation rights to one of the parent.

2006 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. "How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

Child Custody And Visitation: Grandparents Rights To Custody And Visitation

If you ask to your friend or your colleagues, most of them will tell you that grandparents do not have no common law right to see their grandchildren if the parents object. And for the most part, all these people are right in some respects. Interestingly, there is no basis in constitutional law regarding grandparent visitation rights in the United States. However it is interesting to know that grandparents can be entitled to visitation rights with grandchildren in some cases.

In order for a grandparent to obtain such visitation rights, the grandparent may have to present evidence to the court that the absence of visitation rights would be harmful or detrimental to the child's health and welfare. Considering that that parents have a fundamental right to the care, custody and management of their child, the grandparent generally has to show that there is a sufficient reason for the court to interfere with the parent's right to for such external interference to be imposed. Therefore it is often difficult to prove such harm to the child. Some courts or judges may also fear that allowing grandparents an external visitation right could be harmful to the parental authority. It could also create intergenerational disputes which could be even more detrimental to the child and-or be contrary to the child's best interest. Therefore, courts often recommend that parent and grandparents reach an agreement out of court.

Under specific circumstances grandparents can be granted custody rights of the child. When one parent is deceased the other surviving parent is typically preferred to obtain the custody of the child if deemed fit. But if both parents are deceased, the courts may decide to award the custody of the child to the grandparents since a blood relative is often preferred to obtain custody. Even in this situation, the grandparent has to present key evidence to the court that the child would be better off if he-she had custody of the child compared to other blood relatives or third parties. The courts can make their decision taking into account the age, health and financial ability of the grandparent to properly support and care for the child.

There are many restrictions and limitations in which the court can order or grant grandparent visitation rights. Additionally, the laws related to grandparent visitation rights are sometimes changing and developing. To learn the latest laws and developments in your area with respect to grandparent rights to child custody and visitation you may want to consult an attorney in your jurisdiction who can advise you legally.

2006 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. "How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

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