Child Custody and Child Support: Key Aspects

Introduction

Child custody and the assignment of child support are among the most important issues arising during a divorce. In the United States, custody and support obligations are regulated at the state level, though the general principles remain similar. In this article, we will examine the types of custody, how a parenting plan is created, and how child support is calculated in the states of Florida and New York.

Child Custody

Custody determines which parent will be responsible for raising the child and making important decisions in their life. In the U.S., there are two main types of custody:

1. Physical Custody – determines with whom the child will live.

2. Legal Custody – grants the right to make decisions regarding the child's health, education, and upbringing.

Types of Physical Custody:

• Joint Physical Custody – the child lives with both parents according to a pre-established schedule.

• Sole Physical Custody – the child lives with one parent, while the other has visitation rights.

Types of Legal Custody:

• Joint Legal Custody – both parents make important decisions together.

• Sole Legal Custody – only one parent has the authority to make decisions.

Parenting Plan

A Parenting Plan is a document that outlines custody arrangements, visitation schedules, and the distribution of parental responsibilities. It can be:

• Court-ordered – if the parents cannot reach an agreement, the court makes a decision.

• Out-of-court – if the parents come to an agreement on their own and document it.

What does a parenting plan include?

• Child's living schedule

• Distribution of decision-making responsibilities

• Communication arrangements (e.g., calls, video chats)

• Special conditions (e.g., restriction on relocation without consent)

Child Support

Child Support is a mandatory payment from the parent who does not live with the child to support their needs. The amount of support depends on the parents' incomes and the child's needs.

How is child support calculated?

States use different formulas, but they generally consider:

• The incomes of both parents

• The number of children

• Expenses for medical care and education

• The amount of time the child spends with each parent

Child Support in Florida

Florida uses a formula based on the parents' income and the number of children:

• 1 child – 20% of income

• 2 children – 25%

• 3 children – 30%

• 4 children – 35%

Child Support in New York

New York applies a fixed percentage rate:

• 17% – for one child

• 25% – for two children

• 29% – for three children

• 31% – for four children

• 35% – for five or more children

Spousal Support

In some cases, one spouse may be entitled to receive spousal support. The court considers:

• Duration of the marriage

• Financial situation of both parties

• Ability of the spouse to support themselves

In Florida and New York, spousal support may be:

• Short-term – for the adjustment period after divorce

• Long-term – if the spouse is unable to work due to health reasons

• Permanent – in rare cases of long-term marriages

Conclusion

Custody and support issues are complex and require legal expertise. Our team of professional attorneys is ready to help you understand the details, protect your rights, and ensure fair conditions for you and your child. Contact us, and we will provide qualified support at every stage of the process.