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
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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?