Three Misconceptions About Child Custody And Support
Divorce is difficult for anyone going through it. If you are ending your marriage, you have likely already turned to friends for advice and support. When those friends have been through the divorce process before, their advice can seem very sound. Unfortunately, no two divorce cases are exactly alike and what happened in your friend’s divorce case may not necessarily occur during yours.
Two terms that have many misconceptions surrounding them are child custody and child support. If you are getting a divorce and children are involved, below are the biggest myths surrounding these terms, and the truth behind them.
Alternate Weekends and Holidays is the Standard Timesharing Arrangement
Florida law no longer recognizes the term child custody but instead, uses a timesharing model when making parenting arrangements. This is because parents should not visit a child but rather, simply spend time with them. While that is the general definition of timesharing in Florida, there is no standard timesharing arrangement. Most cases end in a division of 60/40 parenting time, but judges take many factors into consideration when making a decision. The law also places minimum guidelines on timesharing and those are factored into the decision, as well.
Child Support is Not an Issue if There is Equal Timesharing
Even when a 50/50 decision is made in timesharing, one parent may still have to pay child support. Child support is intended to help pay for expenses related to the child, including education, clothing, food, shelter, health care, and more. When parents share an equal amount of time with the child, it is natural to assume that each is paying for an equal amount of the child’s expenses.
Still, while time with the child is taken into consideration when the courts make child support decisions, it is not the only factor. A court will consider the income of each parent, the amount of overnight visits each parent spends with the child, and the parent currently paying for childcare and health insurance.
My Child Can Determine Who They Want to Live With
It is not uncommon for people to think their child has a say in which parent they live with after the divorce. This is particularly true when the children are teenagers. While a judge may listen to a child’s preference, it is not the only factor they will consider, and it is not even one that is weighed very heavily. However, when a child is of a certain age and maturity, a judge may consider their preference.
Our Family Lawyers in Port St. Lucie Can Help with the Terms of Your Divorce
When going through a divorce, there are many terms you will have to resolve, and child custody and support are just two of them. At Eighmie Law Firm, P.A., our Port St. Lucie divorce lawyers can explain the law as it applies to your case and give you the best chance of securing the fair settlement you deserve. Call us today at 772-905-8692 or fill out our online form to schedule a consultation.
