Matters regarding family relationships are never easy, especially once the legalities of the law come into play. Besides the emotional and relational turmoil a family law case or lawsuit entails, its proceedings are much more complicated than many seem to understand.
Below are a few vital things to take note of in terms of its scope and responsibilities for support, as you and your family seek the aid of a family law attorney during this difficult time.
Family Law: Understanding “Support”
1. Child Support
This is often the most debated topic when it comes to family law. Who will be held responsible for it? How will you know that the amount you are expected to submit each month is equitable with that of your ex-spouse?
Regardless of who will be given full custody of a child, both spouses are legally required to provide for child support. And this is expected as in financial equivalent. Certain laws per state frequently oblige the parent who spends the least amount of time with the child on a daily, weekly, or monthly basis to carry the larger part of said financial child support.
Aside from parenting time, the number of child dependents will be taken into consideration as well, when allocating a fixed amount per parent.
2. Spousal Support
Contrary to what several think, spousal support is not mandatory for any and all marriages that go through divorce and/or separation. It is not counted nor viewed as an “automatic obligation” by either spouse.
There are stipulations to account, with financial disadvantage playing a major role. The spouse who has been financial disadvantage by and during the duration of the relationship may be granted spousal support. This, and by the spouse who decided to bring the relationship and/or marriage to a close.
The courts may find more cause for spousal support if there is a significant difference between the incomes of either one. A reduced ability for self-support and other economic differences within the scope of the relationship are strong causes for the same.
3. Separation Agreement
You may come across this term as the proceedings of the separation takes place. The best family law attorneys in fort bend county will agree in concluding that a separation agreement is a written resultinon, an “agreement” about detailed variables following the actual separation.
It is to be drafted with each party willing to do so, without any form of pressure or threat from one or the other, and only with your decision springing from individual free will. Child support, spousal support, property division, investments, child visitation, and the like, are to be written down clearly.
At the same time, expected behaviors shall be, as well. How you and your ex-spouse expect the other to behave after separation sees legal passing, in addition to child visitation, etc. It will be to your advantage to practicing writing a draft with your legal team to ensure that your expectations are brought forward, without any risk of technicalities against your and your child’s favor.
4. Child care
Care of children is just as crucial as child support. Note that as parents, the best interest of your child and/or children should always be at the forefront of any decision you make regarding your separation.
What can be challenging is how to let parents be able to take on the responsibility of caring and raising their children amidst ending their marriage. Often, time, visitation, care, financial support, and a list of other parental responsibilities are not decided on by the court per se, and as a whole. This is where an agreement will be of utmost importance.
Other than support your child financially, his and her development should be as much in the agreement as anything else. Education, character development, development of skills and/or talents, socialising, building relationships, values, being a part of the family/ families, etc. These may sound daunting. But only in writing. “Raising your child as best you can” is the phrase to summarize them all, and must continually be the goal of parents, even after separation.