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Child Custody, Visitation and Child Support Child Custody, Visitation and Child Support

Child Custody, Visitation and Child Support - PowerPoint Presentation

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Child Custody, Visitation and Child Support - PPT Presentation

Emma Kazaryan Icebreaker What are some important factors to consider when determining custody visitation and child support arrangements Pt I Introduction to Custody Visitation ID: 670682

custody child income support child custody support income parent parents visitation monthly child

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Slide1

Child Custody, Visitation and Child Support

Emma Kazaryan Slide2

Icebreaker

What are some important factors to consider when determining

custody

,

visitation

and

child

support

arrangements? Slide3

Pt. I Introduction to Custody, Visitation,

and Child SupportSlide4

Defining Custodial Relationships

Legal CustodyRefers to a parent’s authority to make major decisions on behalf of the child. Physical Custody

Refers to a parent’s right to have a child reside with him or her and the obligation of the parent to provide for routine daily care of child. Slide5

How is Custody Determined?

“Best Interests of the Child”

Child’s preferences

Parents’ preferences

Keeping biological siblings together

Child’s adjustment to home/school/community

Health of individuals involved

Status Quo

Natural parent presumptionSlide6

How Custody is NOT Determined

Paternal/maternal presumption Cohabitation

Careers

Gay and Lesbian Parents

Parental conduct

n

ot affecting childSlide7

Child Custody Modification

Once custody is determined, courts generally value stability.Custody is usually modified only upon a showing of:

1.

substantial change in circumstances

2. modification would serve child’s

best interests

3. present environment

endangers child’s health

4. harm to child caused by modification

outweighed by benefits Slide8

Relocation

If one parent has

sole custody

and wants to move out of state with the child, he or she can generally do so

If parents share

joint custody

, the parent seeking relocation must file a petition showing that the move is in the best interests of the child Slide9

Visitation

Uniform Marriage Divorce Act Section 407(a): “a parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child’s physical, mental, moral or emotional health.” Slide10

Standards for Denying or Limiting Visitation

abuse/neglect

alcohol/substance abuse

child abduction

cohabitation

withholding child support

 parent who is gay or lesbianSlide11

What is Income for Purposes of Child Support?

Usually ‘income from any source’ including:wage and salary

interest, dividends and royalties

self-employment income

retirement, benefits, trust incomeSlide12

Imputation of Income

If a parent is unemployed or underemployed, courts will sometimes ‘impute’ income to the parent and based on the imputed income. For example, if someone is voluntarily unemployed, the court might assume that the parent makes minimum wage for purposes of calculating child support obligations. Slide13

Calculating Child Support

Income Shares Model Support amount based on the combined incomes of the parents and that amount is prorated between the parents based on the percentage of combined income attributable to each.

Percentage of Income Model

The noncustodial parent pays a state mandated percentage of his or her income for child support. Slide14

Example: Income Shares Model

Dad makes $6,000 a monthMom makes $4,000 a monthState mandates that the child support amount for $10K monthly income is $1K Dad owes $600 in child supportMom owes $400 in child support

Mom is custodial parent

Dad would just pay Mom difference ($200/monthly) in child supportSlide15

Example: Percentage of Income Model

Mom makes $5,000 monthlyState mandates that people who have two children and make $5K monthly must pay 20% in child supportDad has primary custodyMom owes dad $1K monthly Slide16

Consequences of Failure to Pay Child Support

Federal crimeContempt of court State laws against criminal nonsupport Inception of tax refund

Wage garnishment

Driver’s license suspension

Occupational license suspension

Seizing awards

Credit bureau reporting

Publication of a “Most Wanted” list of “Deadbeat obligors”

Etc. ! Slide17

Pt. II Scenarios & Small Group Discussions Slide18

Scenario #1

Kim and Kanye are parents of baby North. In a custody hearing, the judge granted custody to Kim. The judge said “everybody knows that mothers are better at taking care of children than fathers. Mothers are more loving, caring and kind and they should always get primary physical custody.”

Is there anything wrong with the judge’s determination of custody? Why or why not? Slide19

Scenario #2

Kail and Joe are parents of Isaac. Kail and Joe had a parenting plan and a schedule for child support payments and everything seemed to be going fine. However, a few months ago they got into a fight and Joe stopped making child support payments. As a result, Kail has refused to let Joe see Isaac until he pays child support.

Did Kail (legally) do the

right

thing? Slide20

Scenario #3

Beyoncé and Jay-Z are parents of Blue Ivy. Jay and Bey live in an income shares model state.

Beyoncé makes

$6 million monthly. Jay-Z makes $4 million monthly. The state mandates that the child support amount for $10M monthly income is $2M. Jay-Z has primary custody of Blue Ivy.

How much does

Beyoncé owe

Jay-Z in child support? Slide21

Scenario #4

Justin and Selena are parents of baby Jelena. Selena has sole custody of baby Jelena and Justin has visitation every other weekend. Tired of being hounded by the paparazzi, Selena decides to move to Washington with the baby so that Jelena can have a normal childhood. Justin doesn’t want Selena to move to a different state, it makes him uncomfortable. He files a motion to block the relocation.

Will Justin succeed on his motion? Slide22

Scenario #5

Angelina and Brad have six kids (!!). They have been secretly separated for a number of years, and they have finally decided to get a divorce. During their separation, the kids lived primarily with Angelina. However, Brad insists he should get primary custody of the children. If he can’t get custody of all of the kids, he is willing to settle for custody of his three favorite kids and let Angelina have the other three.

What are some of

the issues here? Slide23

Scenario #6

David is a professional soccer player and makes an annual salary of $18 million annually. He and his wife, Victoria, are in the process of getting a divorce. Angry at the prospect of paying a huge chunk of his salary to Victoria as child support, David decides to quit his job as a professional athlete and drop all of his endorsement deals.

Can Victoria do anything to get the child support she is owed?