Objectively Reasonable Work Regimen 

When a court has chosen to impute earning capacity to a party, the said earning capacity should be based on an objectively reasonable work regimen. A parent should not be forced to work overtime in order to pay for the child support order. The fact that the parent may have worked overtime or followed an “onerous” work schedule before becoming unemployed or allegedly underemployed does not mean that earning capacity should be based on this schedule. 

An exception to this rule is when overtime work is a necessity in the parent’s occupation. In this case, overtime may be considered to be part of the parent’s “reasonable” work regimen and thus part of his or her earning capacity. 

Children’s Best Interest

In determining whether or not to consider a parent’s earning capacity, the main requirement is that it should be in consistent with the best interests of the children. A court should not impute earning capacity to a parent if it will not be in the children’s best interest. As a general rule, the statutory guidelines governing child support do not limit the circumstances under which a court may consider a parent’s earning capacity, so long as it is in the best interest of the children. 

The court generally operates on a case-to-case basis in deciding whether or not imputing earning capacity would be in the children’s best interest. The context and circumstances surrounding the case must be taken into consideration. For example, in one case, earning capacity was imputed to a parent who quit an attorney position at a large law firm to raise children, when returning to work was in the best interest of children. However, in another case a parent was allowed to reduce work schedule to 80 percent and earning capacity was not imputed based on previous full-time income as a lawyer so as to allow more time to care for children. 

As a general rule, the “best interest” criterion arises when there are young children and one parent stops working to stay at home with the children. In determining whether to impute earning capacity to the stay-at-home parent, the court must balance the state policy that both parent are obligated to support their children and that without imputing income the employed parent carries the entire burden against the interest of the children in having a stay-at-home parent. 

It is the best interest of the children who are being supported which is taken into consideration. The interest of children from a subsequent marriage or relationship is not taken into consideration. 

Imputing Income from Assets

Earning capacity is not limited to what may be earned by a parent from work. A court may also consider a parent’s ability to receive income from assets. A parent cannot neglect his or her duty to support his or her children by underutilizing income-producing assets. Thus, the court may take earnings from invested assets into account when computing child support. 

It is not even necessary that the assets be income producing for the court to impute income to it. A court has discretion to impute income to a parent’s non-income-producing assets. A court’s discretion to charge a reasonable rate of return to an investment asset does not depend on an income-producing history for the asset. This rate of return however, must be established by expert testimony. 

If a parent possesses substantial wealth, a court may consider the parent’s wealth under the principle that a parent must support his or her children according to the parent’s circumstances, station in life, and ability and that children should share in their parent’s standard of living. 

Child custody is a matter that is typically emotional and fantastically charged for both parents or guardians and kids. In many cases, an infant custody lawyer is required with a view to helping families move towards a rational and powerful outcome, focusing on the whole on the high-quality hobbies of the child. Custody legal guidelines range on a country-by-kingdom basis and it is crucial that parents are privy to those laws, in addition to their alternatives for taking prison motion to protect their toddler custody rights. The important purpose of determining custody is to determine what is first-rate for the child or children involved, now and within the future. By hiring a toddler custody legal professional, parents can assess their baby custody rights and decide the way to proceed with winning custody of their baby.

Child Custody Laws within the United States

“Child custody” and “guardianship” are felony phrases used to outline the parameters of the relationships that exist between children and adults, consisting of a parent’s or guardian’s right to make choices for the child and their duty to take care of the child. Unfortunately, the query of custody frequently arises in complaints following the dissolution of marriage, annulment, or different prison proceedings in which youngsters are concerned. In maximum cases, country laws dictate that biological mother and father need to make all decisions involved in worrying for the kid, along with determining residence, training, religious upbringing, and health care. The law isn’t concerned in these selections if the dad and mom are married and are listed on the kid’s start certificate. However, while there’s a confrontation between parents or guardians approximately who has the right to make those choices, which include in a divorce or separation, or if a determination is unfit to make these selections, then own family courts or juvenile courts will determine custody. Child custody will become an issue most usually whilst parents grow to be divorced or while two mothers and fathers who were never married end up separated.

Types of Custody Arrangements

When child custody must be determined due to a divorce, the custody arrangement generally will become a part of their divorce decree, describing with which determine the child will live, who will provide the monetary guide and the way visitation will be handled. In a standard divorce regarding a baby, permanent bodily custody is awarded to the determine with whom the kid will live, while the alternative parent is taken into consideration a “custodial determine.” Under those circumstances, the custodial discern commonly shares joint criminal custody with the noncustodial parent and ought to seek advice from the latter regarding the kid’s fitness care, education, and other concerns. In this situation, the custodial discern may be awarded temporary custody or visitation rights, and typically additionally pays child aid to help in raising in the infant. Split custody, on the other hand, includes the parents sharing physical custody of their infant or youngsters.

If a child’s mother and father were by no means married, maximum states dictate that the kid’s biological mother has sole bodily custody except the biological father takes action to be taken into consideration for custody. In order for infant custody to be provided to the biological father beneath those circumstances, the father needs to first obtain a court docket’s finding of paternity and file a petition for custody. In maximum cases, an unwed father can’t win custody from the mother if the mom is healthy to raise the kid, however, he can be capable to advantage precedence over different relatives, foster parents or ability adoptive dad and mom. Per a U.S. Supreme Court Decision in 1972, an unwed father is entitled to a hearing to determine his fitness as a determined before the state can attain custody of his kids following the mother’s death.

Obtaining Legal Help to Protect Child Custody Rights

The great pursuits of the involved child or kids are the maximum important attention whilst determining custody over kids. In fact, many states have adopted a general that places primary emphasis on acting within the pleasant hobbies of the child in custody cases. Too frequently though, custody is awarded in such a manner that the child’s well being isn’t the focal point of the court docket decision. If you’re worried in custody warfare related to your kids, contact an experienced custody lawyer immediately to speak about your felony options. Child custody attorneys are skilled in courtroom lawsuits regarding nation-mandated custody laws and can make certain you are fully knowledgeable of all of your rights regarding the custody of your infant. In addition, if your infant custody rights aren’t being recognized, an infant custody attorney let you take the essential steps to continue with petitioning for custody of your toddler. The well being of your child is too important to leave to arbitrary court rulings; a child custody legal professional can determine the way you as a parent have to proceed.

This is an example post, originally published as part of Blogging University. Enroll in one of our ten programs, and start your blog right.

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