Child Custody and Support Newsletters

Child Support in Split Custody Cases

The standard computation of child support under the child support guidelines presupposes that all of the children of the parties will live with the same parent. When the children are divided between the parents, the child support must be adjusted.

Expert Witnesses in Child Custody Proceedings

The rules of evidence employed by the courts in legal actions set out the qualifications for expert witnesses, which may be said in a general way to consist of a level of education, training, or experience that has created in such a witness a degree of knowledge about a particular scientific or technical subject that is greater than the knowledge of such a subject possessed by people lacking such education, training, or experience. Unlike most witnesses, whose testimony in court proceedings is limited to factual matters actually known to them, expert witnesses are permitted, based on the factual evidence that has been presented in court, to express their opinions on issues related to the technical subjects within their areas of expertise. Extensive use of expert witnesses is made in both civil and criminal proceedings in the United States.

Criminal Penalties for Failure to Pay Child Support

The Child Support Recovery Act, as amended by the Deadbeat Parents Punishment Act, makes it a federal crime to flee a state in order to avoid paying a child support arrearage. States use criminal contempt to punish parents who fail to pay child support upon a finding of an intentional failure to comply with a court order of support.

Former Stepparent Visitation Rights

A stepparent is considered a legal stranger to a child and is not automatically entitled to visitation rights. However, where a close relationship between the child and the stepparent has been established, a court will consider granting rights of visitation and in some case, stepparents have been awarded legal custody.

Modification of Custody based on Parental Unfitness

If subsequent to the time a court awarded joint or sole legal custody to a parent, the parent becomes unfit to have custody of the child, a court will not hesitate to modify custody.