Child Custody / Child Support Issues in Washington D.C.
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The attorneys at the Family Law Offices of “insert attorney name” in Washington, D.C. have extensive knowledge in Family Law issues such as Child Custody and Child Support. We will work for you and your children and come up with an arrangement that is best for all of you.
Overview
- Child Custody describes the legal relationship (during the divorce process) between a parent and the children regarding making decisions and providing care.
- It is best for the children if you and your spouse can arrive at a custody agreement together.
- However, the court will determine which parent has the best interests of the children.
- Child Support is a legal obligation for the non-custodial parent to provide for his or her children.
- Children have the right to be taken care of by both parents.
- The District of Columbia uses a guideline formula to determine the amount of child support.
Factors in Determining Custody
- The child’s best interests always determine custody.
- Factors taken into consideration include:
- Most stable home environment
- Wishes of the child (if older)
- Physical and mental health of each parent
- Relationship between parent and child
- Relationship between siblings
- School and community
- Who has been primary caregiver
- Is there any abuse or drugs history?
- Parent’s employment – hours, travel?
- Etc.
Custody Definitions
- Sole Custody
- One parent is responsible for the care of the child.
- Will have primary physical custody.
- The other parent will have visitation rights.
- Makes all the important decisions regarding the child’s well-being.
- Joint Custody
- The children will spend an equal amount of time with both parents.
- Parents can share legal and/or physical custody.
- Share physical custody - work out schedule for children’s needs together.
- Legal Custody
- One parent has the responsibility to make all major decisions for the children:
- Health care
- Education
- Religion
- Extra-curricular activities
- Parents can share legal custody and make decisions together.
- Physical Custody
- The children live with one parent.
- The other parent has visitation rights.
- Parents can share physical custody.
- Unmarried Parents
- The court will order a paternity test to determine who the father is.
- Once paternity is established, the court will issue a child support order.
Child Support
- Child support is a financial payment that the court requires the non-custodial parent to pay to the custodial parent.
- This money is for the child and is used at the discretion of the custodial parent.
- Child support payments are mandatory and must be paid.
- In the District of Columbia, Child Support Guidelines are used to determine the amount of child support.
- These Guidelines provide for the economic well-being of children from unmarried, divorced or separated parents.
- The Child Support Calculator determines the amount of child support by using:
- The net income of each parent
- Expenses for day care
- Expenses for medical insurance
- Children from other relationships are also factored in
- If the child is involved in extra-curricular activities, both parents should pay for them.
- In the District of Columbia, child support is payable until the child reaches 21.
Are your Child Support payments late?
- If your spouse doesn’t send child support or is constantly late, you can have it garnished from his/her paycheck.
- This is contempt of court and your spouse can be fined or be sentenced to jail.
- Civil contempt: sentenced to jail until support or part of it is paid
- Criminal contempt: sentenced to jail for a period of time whether or not child support is paid
- If you receive a summons or subpoena to attend a child support hearing and then you do not show up, a warrant will be issued for your arrest.
- The judge enforces you to appear – not a criminal charge
Conclusion
If you are facing a difficult divorce and constantly fighting with your spouse about child custody and child support issues, we can help. We will work closely with you and give you all the attention you and your family need. We encourage you to call us at the Family Law Offices of “insert attorney name” in Washington, D.C. immediately. We are committed to the well-being of you and your children.
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