The rules on child custody and support can change when a couple enters into a Family Law Divorce. While a typical divorce will be resolved in favor of the non-custodial parent, there are instances when the courts find in favor of the custodial parent. In these instances, the child support and/or custody amount may be higher than usual. For more information on how the courts in family law divorce cases will be dealing with this situation, read on.
If the new primary caregiver has not been assigned custody of the child, or the mother is not the primary caregiver and the father wants custody of the child, the courts are not required to assign custody to the mother. As with any custody decision, the preference of the child is going to be the deciding factor in which parent will get the child. On the other hand, if the child’s parents have been close for some time, there will be a better likelihood that the court will decide in favor of the mother and likely set a child support amount.
Most often, the court will choose to set the child support at a higher amount than the current amount of child support. This is a logical decision because the mother generally has to provide more for the child than the father. Additionally, the custodial parent may have less ability to pay their share of child support, so the court will look to determine the child support needs as a whole before setting the amount of child support.
The courts in family law rules will also determine the amount of alimony to be paid based on what the non-custodial parent has been able to contribute towards the expenses of raising the child. They will then apply the formula that they have used for child support, so that the alimony is in line with the child support. If the courts in family law rules need to be more specific, they may simply create an allowance formula for the child support. Alimony is typically in line with what the non-custodial parent has contributed towards the expenses of raising the child.
In some situations, the courts in family law may require the non-custodial parent to pay more towards the support of the child than the custodial parent has been able to pay. In order to prevent the child from falling into poverty, this can be a problem. To resolve this situation, the courts in family law may simply make the child support as a percentage of the child support.
The amount of child support in any family law divorce will ultimately depend on the situation. There will be many factors to consider when making a decision. If the child has been primarily cared for by the mother, she will typically receive the greater amount of child support, though this could still be a situation where the court rules in favor of the father. This is because the mother will likely be able to contribute a lot more towards the child’s needs.
If the child has been solely cared for by the father, the court will likely order a higher amount of child support, said Dalton Law Firm, PA. This can be because the father may have contributed to a higher level of care than the mother. Once again, this will likely depend on the circumstances surrounding the situation.
In all cases, the courts in family law rules will make sure that both parties have had an opportunity to fully participate in the case. The chances of one party winning the case are much better if they show that they were actively involved in the relationship.