Question 1

What's the difference between legal and physical custody?

Accepted Answer

Legal custody is the right to make major decisions about your child (education, healthcare, religion). Physical custody determines where the child lives. Both can be sole or joint.

Question 2

Do courts favor mothers in custody decisions?

Accepted Answer

Modern family courts use a "best interests of the child" standard. While historical bias existed, most states now explicitly prohibit gender-based preferences in custody rulings.

Question 3

How is child support calculated?

Accepted Answer

Most states use one of two models: Income Shares (based on both parents' income) or Percentage of Income (based on the non-custodial parent's income). Your state's formula determines the amount.

Question 4

Can child support be modified after the divorce?

Accepted Answer

Yes. Either parent can petition for modification when there is a substantial change in circumstances — such as a significant change in income, job loss, change in custody arrangement, or the child's needs evolving over time. Most states require at least a 10-15% change in the calculated amount.

Question 5

What factors affect parenting time calculations?

Accepted Answer

Courts consider the child's age, each parent's work schedule, proximity of homes, the child's school and community ties, each parent's ability to provide care, and the child's own preferences (depending on age). Overnight counts directly impact child support in most states.

Question 6

Does shared custody reduce child support?

Accepted Answer

In most states, yes. When the non-custodial parent has the children more than a threshold amount of time (typically 90-110 overnights per year), a shared parenting adjustment reduces the support obligation. The exact formula varies significantly by state.

Question 7

What income counts toward child support?

Accepted Answer

Child support calculations typically include wages, salaries, bonuses, commissions, self-employment income, rental income, dividends, pensions, Social Security benefits, and unemployment compensation. Some states also consider imputed income if a parent is voluntarily underemployed.

Question 8

How long does child support last?

Accepted Answer

Child support generally continues until the child turns 18 or graduates high school, whichever is later. Some states extend support to age 19 or 21, and courts may order continued support for children with disabilities or those enrolled in college.

Question 9

What happens if child support isn't paid?

Accepted Answer

Enforcement mechanisms include wage garnishment, tax refund interception, license suspension (driver's, professional, and recreational), contempt of court proceedings, and in serious cases, criminal prosecution. Past-due child support (arrears) does not expire and accrues interest in many states.