In an effort to put both parents on a somewhat equal footing, many states now refer to parenting time. Regardless of the terminology, it still comes down to determining the time the child spends with each parent and how parenting decisions are made. Courts begin with the assumption that it is best for a child to have ongoing and frequent contact with both parents. Even where there has been abuse or neglect, courts will often impose limits on contact, such as ordering that visits be supervised, rather than cutting off all contact.
When you file for divorce, child support presents a conundrum. One central fact defies a solution: in many cases, after a divorce there are two households trying to get by on a total income that had difficulty supporting one household before the divorce. This often results in a situation where the amount of child support ordered is both not enough for the custodial parent to raise a child, and too much for the noncustodial parent to pay while trying to maintain his or her own household.
All states have adopted some form of child support guidelines, which supposedly take into account the needs of the child and the ability of the parents to meet those needs.
There are basically two types of guidelines. The percentage increases depending upon the number of children. The other method of calculating support uses the combined income of both parents to determine the needs of the children. Generally, the court will expect to apply the child support guidelines in arriving at a support amount. If you and your spouse reach an agreement that does not follow the guidelines, the court will closely review the matter to be certain that your agreement will adequately meet the needs of the child.
An agreement that no child support will be paid will invite close scrutiny by the judge. Some states allow the judge to order that the spouse paying alimony or child support also obtain sufficient life insurance to maintain payments in the event of death.
Child support and child custody are two separate issues. It is in the best interest of children to have a relationship with both parents absent abuse or neglect.
If your spouse is not paying child support, you will need to take them to court to resolve the matter. It does not mean you can block access to the children. See 8 above. If your spouse is denying you time with your children, you will need to go to court to resolve the matter. Child support is a separate issue and must be paid regardless of the behavior of your spouse. Contents 6 min read. The absence of any formula for determining the amount and duration of alimony as well as the wide disparity in awards handed down by judges can create difficulties for parties and lawyers seeking to resolve alimony issues in contested divorce cases.
When determining whether a spouse is entitled to alimony, marital misconduct is relevant and must be considered by the court. If a higher-earning spouse is ordered to pay alimony to a dependent spouse, North Carolina case law appears to suggest that marital misconduct committed by the higher-earning spouse will result in higher monthly alimony payments or a longer duration of alimony payments—or both.
However, in order for a husband to seek to bar his ex-wife from receiving alimony on this basis, he must not have committed adultery himself. Call toll free at or Contact Us Here.
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Companies and organizations linked from Learning Center articles have no affiliation with Protective Life or its subsidiaries. If you're the spouse asking for support, the court will look closely at your current income or ability to earn if you aren't currently working. When the supported spouse has been out of the workforce or has been underemployed has an opportunity to work full- or part-time but chooses not to for a long time, the judge is more likely to award support for at least as long as it will take the supported spouse to become independent.
For example, if one spouse is trained as a doctor but took several years off to care for children and support the other spouse's career, a judge will examine the medically trained spouse's future earning potential. Maybe that spouse needs initial support to reenter the workforce but not a long-term alimony award. Both spouses might have to make some life and work changes after divorce.
For example, a judge might require a spouse who has a part-time job that doesn't pay well to try to find full-time employment in a higher-paying field. Sometimes, a judge will order or the paying spouse might request that an expert called a "vocational evaluator" make a report to the judge on the job prospects for a spouse who hasn't been fully employed for a while.
The evaluator will administer vocational tests and then compare the spouse's qualifications with potential employers or open job positions in the area to estimate how much income the spouse could earn. The duty to pay alimony begins as soon as an order requiring it is signed by a judge. An alimony order is enforceable by the supported spouse : If the paying spouse isn't actually paying, the supported spouse can file a "show cause" action motion , and the court will set a hearing to determine why the paying spouse isn't following the order and what the court should do to enforce it.
Family law courts have various tools at their disposal to enforce alimony payments, and a deadbeat spouse could face fines and penalties for failing to follow an alimony order.
A court can also order a spouse to pay alimony retroactively to make up for any missed payments. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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