How will child custody and support be determined?
Child custody and child support are determined on a state-by-state basis and each state has its own laws, rules and calculations that are used to determine the best interests of the child and the appropriate amount of child support.
For example, in Florida, the court considers the best interests of the child and will make a determination of custody and support based on factors such as the child's living conditions, the child's relationship with each parent, and the child's physical, mental and emotional well-being. Florida uses a formula based on the income shares model, which consider both parents’ income, the number of overnights the child spends with each parent and child related expenses.
In California, the court uses the "best interests of the child" standard and will consider factors such as each parent's ability to provide for the child, the child's relationship with each parent, and the child's education, health and overall well-being. When it comes to child support, California uses a formula based on the income shares model, which considers both parents' incomes, the number of children and other child-related expenses.
Similarly, in New York, the court uses a similar standard to determine child custody, looking at the child's best interest, and will consider factors such as the relationship between the child and each parent, and the child's own wishes (if the child is of appropriate age). When it comes to child support, New York state uses a formula based on the Income Shares Model, which calculates the support amount based on factors such as the combined income of both parents and the number of children. The amount that is calculated is then adjusted for additional factors such as daycare, health insurance and other child related expenses.
It is important to have legal representation to advise and help you navigate the specific laws and calculations in your state and make sure that your rights and the rights of your children are protected. Our network of attorneys can help you determine what laws will apply to your situation, and can provide guidance and representation throughout the legal process.
State child support laws are constantly changing and subject to state case laws. Our network of attorneys can help you determine what laws will apply to your situation.
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