February 23, 2007, Newsletter Issue #52: Child Support and Child Custody

Tip of the Week

Child support and child custody are two totally separate matters when it comes to filing for divorce. If there are children involved, the issue of child support is determined based upon the income and income capabilities of the parties. Child custody of course affects child support depending upon who is receiving the support and who is receiving custody of the children. Factors that can affect custody would be ability of the parties to financially, emotionally and physically care for the child or children. Sometimes both parties desire child custody of the children and the court usually prefers to grant joint custody of the parties' children. However, unless there is a true 50/50 split of custody of the children, one party will begin to pay the parent having residential custody of the children some type of support unless the residential custodian makes sufficiently more income than the party not receiving residential custody. All these matters should be taken into account when deciding what is in the best interest of the children. Hopefully, you and your spouse have decided to have an uncontested divorce and can work out child custody and child support on your own. This will save time, money and heartache.

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