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subject: Chandler Divorce Lawyer - If A Parent Has Custody, Will They Receive Child Support Payments? [print this page]


Chandler Divorce Lawyer -  If A Parent Has Custody, Will They Receive Child Support Payments?

Yes, as we talked before, there can be sole custody. And when you are the custodial parent and there is a non-custodial parent, that non-custodial parent enjoys visitation.

However, as youll remember, child support and custody are not one and the same. They are not attached to each other. In a child support scenario, the court takes into effect that theres a custodial parent and a non-custodial parent. But what the court really bases its decision on when child support comes up is how much do both parents make? How much visitation do they each have?

Thats really what it looks at. So, you could be the custodial parent. However, a non-custodial parent could share visitation with you 50-50, meaning you have your child 50% of the time. The other parent has the child 50% of the time. And if you both make a similar or equal income, there wont be any child support awarded.

Thats what youre looking at. Custody doesnt necessarily drive child support. You really should be looking at--and what we discussed earlier--is you really should be looking at those four markers.

If you think that you and your spouse can make medical decisions together because you have during the marriage

If you believe that the two of you can make legal decisions together because, again, you have done so during the marriage

If youve already made a religious decision, meaning youve chosen a religion that you want your children to be raised in or youve chosen not to raise your children in a religion (Thats also a decision.) and youve already made that decision

And, finally, if youve chosen the education, meaning you already know what elementary school or middle school or high school your child is going to be attending, youre probably a better candidate for joint custody than you are for sole custody.

Because, as we talked about before, sole custody is in that event when the other parent is a very poor decision maker and we can prove those poor decision makings through legal documents, through police reports, and through medical records.

But child support is more often based on financial resources of both parties, and its never been based on custody decisions.

by: Christy Thompson




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