Legal Help for Child Support & Custody Matters in Taylor, Michigan
The court usually orders the "non-custodial" parent to pay a certain portion of his or her income to the custodial parent as support for the child. Many people wrongly believe this is an order entitling the custodial parent to additional money. In fact, the legal right to child support is actually possessed by the child for his or her proper care and upbringing, regardless of whomever receives the child support payment.
State child support enforcement agencies (Friend of the Court) are taking an assertive role in seeking payment from non-custodial parents. In most cases, the Friend of the Court and the family court will work together to enact a child support withholding order. This order enables child support payments to be automatically deducted from the payer's paycheck. Should child support payments stop or become overdue, the child support agency can seek to withhold support amounts from tax refunds or seize real estate and/or personal property. In addition to forced withholding, criminal penalties can result from failure to pay child support.
Child support orders are issued by the Friend of the Court and are determined by specific child support guidelines. The guidelines help determine the amount of support that must be paid based on both parents' income, the number of children, expenses incurred as a result of job-related childcare and providing insurance for the children and the number of overnight visits the non-custodial parent receives.
Child Custody & Visitation
When couples with children divorce, the divorce decree will specify with whom the children will live and circumstances under which the other parent will visit the children.
In many cases, the parents determine these arrangements between themselves voluntarily or with the assistance of a family law attorney. If the couple is unable to reach an agreement, the court may intervene and make a decision based on the child's best interests.
Basic Custody Terms
Legally, the set of parental responsibilities regarding day-to-day care of the child as well as the rights to direct the child's activities and make decisions regarding the child's upbringing have been split into the separate categories of physical and legal custody for family law purposes.
- Physical Custody means the actual living arrangements of the child and the rights and responsibilities associated with daily childcare ; and
- Legal Custody means the responsibilities associated with raising a child and includes such questions as religious upbringing, school choice, and medical care. Physical custody is awarded to the parent with whom the child will live most of the time - the custodial parent. However, the custodial parent usually shares "legal custody" of the child with the non-custodial parent. "Legal custody" includes the right to make decisions about the child's education, religion, health care and other matters.
Types of Physical Custody
In joint custody, parents share responsibility for decision-making and/or for physical control and custody of the children. Couples may agree upon joint custody or the court may order it. Couples with joint physical custody usually share legal custody, but joint legal custody does not necessarily mean joint physical custody.
When sole physical custody is awarded or agreed upon, one parent has the exclusive, primary right to have the child live with him or her. Sole physical and legal custody generally only occurs when there is a history of abuse and neglect. In such instances the non-custodial parent may be limited to restricted or supervised visitation. Currently, the most common type of sole custody is sole physical custody with joint legal custody including the grant of generous visitation for the non-custodial parent.
Although much less favored, split custody is another child custody option. In this arrangement, one parent has custody of one or more of the couple's children, and the other parent has custody of the remaining children. Courts usually do not want to separate siblings when issuing child custody orders.