Child and Spousal Support
This is the area of much litigation.
Child support is a ‘hard guideline’ subject to a firm formula. The key in this area is making sure that the right numbers are used in these calculations. Where there are bonuses, or one person is self employed, determination of income may be difficult.
The basis of calculating temporary spousal support is much different than how permanent spousal support is determined. The public policy for each is much different, with temporary spousal support intended to preserve the status quo only, and permanent spousal support is designed to assist one party to maintain the same standard of living as they had during marriage, subject to the ability to pay and other issues.
Another fertile area of disputes is how long spousal support is paid. There is a rebuttable presumption for marriages of under 10 years in length that support will last for 1/2 the length of the marriage. This is NOT a hard and fast rule, and an area that you must get competent advice in.
Child Custody and Visitation
This can be the most emotional part of any case. The issues are:
- Legal Custody
- Physical Custody
- Parenting Schedule
Legal Custody is the ability to make decisions about the child’s medical, educational and welfare issues. This will be either Joint or Sole Legal Custody.
Physical Custody is who has the child’s body. Once again, this will be either Joint or Sole Physical Custody.
The parenting schedule is where the “rubber hits the road” on these child issues, and is usually composed of a school schedule, a vacation schedule and a holiday schedule. It is critical to make sure that these work well as a package.
It is important to understand that a permanent schedule will flow out of the temporary schedule, which will usually flow out of what the status quo has been since separation. In other words, beginnings are important, as they are in other area of your life.
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