Dividing a Support Order in Divorce

Filing a Paternity matter serves the best interests of both parents and the minor child(ren).

Court-ordered child custody and visitation orders can be entered, as well as child support orders. Without formal custody, visitation and support orders entered through the court, each parent has the absolute right to insist that the minor child(ren) remain in that parent’s physical custody.

There is little to nothing law enforcement can do to assist if called to return a child to one parent from the other parent, absent an egregious situation such as the custodial parent being intoxicated or visibly under the influence of a controlled substance in the presence of law enforcement. Law enforcement can assist if they are presented with a valid and current court order setting forth each parent’s custodial periods shared with the child(ren).

Having no Court-ordered child custody, visitation and support orders proves to be about as chaotic as it sounds.

Holidays and annual vacations can also be designated in child custody and visitation orders. This is one of the best reasons to have a Court-ordered holiday schedule in place. Holidays are times when many relatives, you don’t normally get to see, make plans to share a holiday with you, or you may wish to travel out-of-town to share a holiday with a loved one.

With orders in place, such holiday plans can be made in advance because each parent knows the exact holiday schedule they will be sharing with their child(ren) in advance of any given year. This, for the most part, eliminates resistance from either parent in allowing the other parent holiday time shared with their child(ren).

You can have the same peace of mind with planning your annual vacation in advance. You know the exact time span that your child(ren) will be spending with you for vacation purposes, allowing you the pleasure of planning a great vacation to remember.

Regarding the issue of child support, the same guidelines are followed as with married couples who divorce. Each parent’s income and the time spent between each parent and the minor child are the main determining factors in arriving at child support. However, as with everything, there are circumstances that must be considered when arriving at a child support obligation owing to one parent from the other parent.

One example is whether each parent has a minor child, or children, outside of the instant case that they are also providing financial support for. These conditions are called “hardship deductions” and allows the court to adjust a child support obligation accordingly. If you feel that hardship deductions may apply to you and you are facing the issue of child support, you should consult with an Attorney to learn more.

Hopefully, you will call Bawden & Kochis and allow our firm to assist you with this, or any other aspect, related to your paternity case. Both Attorneys Richard E. Bawden and Robert A. Kochis are Certified Family Law Specialists and we are ready and waiting to assist you.

If you want to hear more about the latest information about dividing a support order in divorce, please contact our office. The Law Office of Bawden and Kochis handles cases with family law issues regarding adoption, annulment, mediation, domestic violence, pensions, child custody, child and spousal support as well as pre-marital and post-marital agreements. Telephone (909)792-0222, or email us at [email protected]

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