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http://www.findlegalforms.com/public/DIV/SLD/CO.A GEORGIA HAWAII IDAHO ILLINOIS INDIANA IOWA KANSAS KENTUCKY LOUISIANA MAINE MARYLAND http://www.findlegalforms.com/public/DIV/SLD/AL.html http://www.findlegalforms.com/public/DIV/SLD/AK.html http://with copyright holder, © Nova Publishing Company 2004 (Click on the appropriate state link below) ALABAMA ALASKA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNECTICUT DELAWARE DISTRICT OF COLUMBIA FLORID income 47 % of the net monthly combined income 50 % of the net monthly combined income Child Support Guideline Chart 2 Appendix A Divorce Law Summaries for all 50 States Provided under agreement Children: 4 Children: 5 Children: 6 + Children: 20% of the net monthly combined income 30 % of the net monthly combined income 38 % of the net monthly combined income 43 % of the net monthly combined2050 2082 Child Support Guideline Chart 1 For combined net monthly income amounts over $4200, use the following percentages to determine the minimum child support payments: 1 Child: 2 Children: 3 43 1785 1826 1859 1889 1919 1949 Six Children 50 288 525 620 693 744 794 847 901 954 1007 1060 1113 1166 1215 1264 1313 1362 1411 1460 1509 1554 1598 1643 1687 1731 1775 1819 1863 1907 1951 1986 2018 8 1446 1484 1521 1559 1597 1635 1673 1704 1731 1758 1785 Five Children 50 285 520 600 648 695 742 792 842 892 942 992 1042 1091 1136 1182 1228 1274 1319 1365 1411 1453 1495 1536 1578 1619 1660 1702 173 1110 1147 1176 1209 1243 1276 1310 1343 1377 1410 1444 1477 1510 1534 1559 1583 Four Children 49 282 507 551 595 638 682 728 773 819 865 910 956 1000 1042 1084 1126 1167 1209 1251 1292 1332 1370 14012 645 677 709 739 768 798 828 857 887 917 945 972 999 1026 1052 1079 1106 1133 1160 1187 1208 1227 1246 1265 Three Children 49 279 450 489 528 566 605 645 686 726 767 807 847 887 924 961 999 1036 107e Child 48 177 231 251 271 291 311 332 353 374 395 416 437 457 476 495 514 532 551 570 589 607 624 642 659 677 694 712 729 747 764 778 791 804 817 Two Children 48 274 359 390 421 452 483 516 548 580 6 Combined Monthly Income 500 750 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 2400 2500 2600 2700 2800 2900 3000 3100 3200 3300 3400 3500 3600 3700 3800 3900 4000 4100 4200 On slightly higher than those in use in most states. However in nearly all cases, if the figures in this chart are used for your calculations, your child support decisions will be accepted by the court. your particular situation. Child Support Worksheet 3 Minimum Child Support Guideline Chart This chart is similar to charts used in various states throughout the country. In general, it tends to beonthly Minimum Child Support to be paid ........................... $ ___________ Remember that this final figure is a general minimum amount and is subject to adjustment based on the other factors inon-Custodial Parent's percentage share ......................................... _________ % Times (X) Minimum Total Child Support from Both Parents ........................ $ ___________ Equals (=) Mithout Custody (B)......................$ ___________ Divided by (/) Child Support Worksheet 2 Combined Net Monthly Family Income ........................................ $ ___________ Equals (=) N................ $ ___________ Using this figure (Minimum Total Child Support), determine the minimum child support necessary from the parent without custody as follows: Monthly Net Income of Parent W...... $ ___________ Plus (+) Required Monthly Child Care Expenses ........................................ $ ___________ Equals (=) Minimum Total Child Support .......................................art. To this amount is added any child care expenses that are required in order that the parent with custody may obtain employment. Minimum Child Support from Both Parents ............................t Monthly Family Income figure (C) to find the total minimum amount of child support required on the following chart. If this figure is over $4,200, please use the percentages listed following this cht Monthly Income of Parent Without Custody (B)..................... $ ___________ Equals (=) Combined Net Monthly Family Income (C) .................................. $ ___________ Use the Combined Ne............................................. $ ___________ Total Combined Net Monthly Family Income: Net Monthly Income of Parent With Custody (A) ..........................$ ___________ Plus (+) Ne........................ $ ___________ Minus (-) Total Monthly Deductions ............................................................. $ ___________ Equals (=) Total Net Monthly Income (B) .......... Deductions ............................................................. $ ___________ Total Net Monthly Income of Parent Without Custody Total Gross Monthly Income ........................................................................ $ Children's health insurance premiums ........................................... $ ___________ ___________ ___________ ___________ ___________ Total Monthly........................................................... $ Union dues withheld ...................................................................... $ Mandatory retirement withheld .............................. $ ___________ Child Support Worksheet 1 Monthly Deductions Income taxes withheld ................................................................... $ Social Security withheld .....rom other sources ............................................................. $ ___________ ___________ ___________ ___________ Total Gross Monthly Income .................................................. $ Business income ............................................................................. $ Unemployment/Social Security ..................................................... $ Income fly Income Wages, salary, bonuses .................................................................. $ ___________ Interest, dividends .................................................................................... $ ___________ Equals (=) Total Net Monthly Income (A) ....................................................... $ ___________ Net Monthly Income of Parent without Custody: Gross Monthof Parent With Custody Total Gross Monthly Income ......................................................... $ ___________ Minus (-) Total Monthly Deductions .....................................................$ ___________ ___________ ___________ ___________ ___________ Total Monthly Deductions ............................................................. $ ___________ Total Net Monthly Income ....................................... $ Children's health insurance premiums ........................................... $ Mandatory retirement withheld ................................................................................................... $ Social Security withheld ................................................................ $ Union dues withheld ..............................._________ ___________ ___________ ___________ Total Gross Monthly Income ......................................................... $ ___________ Monthly Deductions Income taxes withheld .................... $ Unemployment/Social Security ..................................................... $ Income from other sources ............................................................. $ ___________ __................. $ Interest and dividends .................................................................... $ Business income ......................................................................ust pay. Child Support Information 1 Child Support Worksheet Net Monthly Income of Parent with Custody: Gross Monthly Income Wages, salary, bonuses .................................................e reviewed and used while considering all of the relevant factors in your particular situation. A careful balance must be obtained between providing adequate support and overburdening the parent who mto determine child support payments. The guidelines provided here are just that, guidelines. They are not intended to be an ultimate method for determining support payments in all cases. They should bhat of the non-custodial parent is low, the required child support payment may be very low. Child Support Information 7 INSTRUCTIONS Child Support Worksheet This form provides you with a guideline low, the non-custodial parent will be required to pay all or the bulk of the amount of child support shown on the chart. On the other hand, if the income of the parent with custody is very high and televant. The amount of the actual payment as calculated using this method depends upon the income, deductions, and child care expenses of both parents. If the income of the parent with custody is veryhe parents and the child; The custody arrangements for the child. In situations where there is joint physical custody, the actual amount of time the child spends with each parent may be particularly rild, taking into consideration the greater needs of older children; Child Support Information 6 Any special needs that have previously been met by the family budget; The total assets available to t factors and any other relevant information: Any extraordinary medical, dental, or health expenses; Any independent income of the child; Any seasonal variations in a parent's income; The age of the chgeneral minimum amount of child support necessary. The actual amount of the monthly payments may be more or less. This final general minimum figure should be adjusted up or down based on the followingto the parent with custody (Parent A). Parent A's share of the support amount is assumed to be used to provide the household in which the child lives. This final figure is only a determination of the the total amount of family support or $760 ($1,140 X 2/3 = $760). Only the parent without physical custody of the child (in this example: Parent B) will be required to make the child support payment $1,140 per month. Parent A has custody of the children. Because Parent B contributes two-thirds of the total family income ($2,000/$3,000 or 2/3), Parent B's share of this total amount will be 2/3 ofso the total child support amount shown on the chart is $972. Parent A incurs $168 per month child care expenses in order to hold a job. Thus, the total minimum amount of family child support would bef $2,700 per month, with allowable deductions totaling $700, for a net individual monthly income of $2,000 per month. The combined net family income would be $3,000 per month. They have two children, tain employment. For example, Parent A has an income of $1,350 per month, with allowable deductions of $350 per month, for a net individual monthly income of $1,000 per month. Parent B has an income oigure from the support guideline chart will be the minimum monthly support required. To this amount should then be added any child care costs which are required to enable the parent with custody to obe net monthly income of the parent without custody by the total net monthly family income to determine the fractional or percentage share of the total child support. This figure multiplied times the fhe non-custodial parent's individual share is determined as explained in the next paragraph. After the amount on the chart is determined, the non-custodial parent's share must be determined. Divide thly different set of guidelines or various other charts for determining support. Note also that the amount shown on the chart is the amount of support required by both parents together. The amount of t requires that if a judge decides to award less child support than is warranted by a state's guidelines, the specific reasons must be stated. Also remember that your particular state may have a slight the general minimum amount necessary and the actual amount of support required may be higher (or even lower) than this amount, depending on the particular circumstances of your situation. Federal lawincome falls in between the amounts shown. As with all decisions concerning children, the courts will always favor the decision which benefits the children the most. Remember, the amount shown is onlybined net monthly family income, consult the child support chart to determine the total minimum amount of child support which is necessary. Always go to the next higher level if your combined monthly annual basis and then divide that amount by 12 for the net monthly income. Child Support Information 5 Next, combine the two monthly net income amounts for a total net family income. Using this comhly net income of each parent for child support purposes. If there are seasonal or monthly fluctuations in the parent's income or deductions, you may wish to determine the income and deductions on an obtain this figure, combine all of the income of each parent from any source. Then, subtract the mandatory deductions from this income as shown on the following worksheet. This will give you the montdjust the amount accordingly. This type of child support guideline uses a chart of minimum child support amounts. To use this method, you must first determine the monthly net income of each parent. To For your situation, you should use the highest amount provided by the calculations as a starting point for your discussions. Other factors, in addition to income and deductions, may then be used to aorksheets which are to be used. Check the Appendix and with your court clerk. These guidelines are provided as an example of how various states have decided to calculate minimum child support amounts.wish to check with the clerk of the court in the county where you live to see if there are any local child support guidelines or rules in effect. In addition, many states have specific child support wations into account. Your particular state may use a similar method or a variation. You should refer to the Appendix for information regarding your state's specific requirements. In addition, you may t which is provided in this packet was adapted from the guidelines used in many different states and is a combination of the most common methods in use. It attempts to take both parents' economic situcircumstances of the family; and (2) determining the ability of the parents to pay. Other methods rely upon charts of child support amounts. The method of determining the proper amount of child suppor formula method of determining child support has been adopted recently in many states. Generally, this method consists of (1) determining the actual monthly needs of the child based on the particular ort obligations have spawned more post-divorce lawsuits than any other. Many different methods of determining the amount of child support payments have been utilized around the country. A mathematical the negotiations on a mature and rational basis. Discussions involving child support have the very real potential of deteriorating into hostile arguments. Of all of the aspects of divorce, child suppif the payments are too low, the child will suffer the consequences. Both parents must work together carefully to actually determine a fair and reasonable amount of support. Care must be taken to keeprt. If the support payments are set at a level which becomes a tremendous financial burden to the paying parent, there will be a tendency and temptation to default on the payments. On the other hand, per amount of child support in each case will always be difficult. A careful balance must be obtained between providing an adequate level of support and overburdening the parent who must pay the suppote method for determining support payments in all cases. They should be reviewed and used while considering all of the other relevant factors in your particular situation. The determination of the prop changing the amount of child support. Child Support Information 4 E. General Child Support Guidelines The guidelines provided here are just that, guidelines. They are not intended to be an ultimaowing of changed circumstances and an often lengthy lawsuit and court hearing. It is far easier to attempt to anticipate any lifestyle and income changes in advance than to resort to the courts to kee any attempt to limit such future modification. The courts always have authority to increase or decrease the amount of the support. However, modifying a child support order in the future involves a shrnment has enacted very tough child support enforcement legislation. Child support provisions in a marital settlement agreement or final divorce order are always subject to modification, regardless ofhis problem: the Uniform Reciprocal Enforcement of Support Act. Many states have also enacted other strict laws dealing with methods to enforce child support obligations. In addition, the federal goveis effort is backed by very comprehensive and powerful laws which are beginning to turn the tide of non-payment of child support. In recent years, all 50 states have enacted legislation to deal with tfortunately, wealthy parents are just as likely to default on child support payments as poor parents. There is now a concerted national effort to collect and enforce overdue child support payments. Thf qualifying children receive no child support at all. Recent studies have shown that the income level of the divorced parents has no bearing on whether a child will receive adequate child support. Un divorce, child support obligations are, unfortunately, the ones which are most often ignored. Over one-half of court-ordered child support payments are not paid in full or on time. Nearly one-third od your spouse's agreement. The income tax aspects of child support may be an important factor in your considerations. D. Enforcement and Modification of Child Support Of all the provisions of a finalsettlement agreement that you and your spouse sign will bind the two of you, but will not bind your children. Their rights to reasonable support may be enforced by a court if necessary, despite you ant children and they take that power very seriously. Much as you can not trade away the custody of your child for monetary rewards, you can not bargain away your child's rights to support. The marital parents agree to in settlement negotiations, they can and will ignore any agreements they find unreasonable. Ultimately, it is the court which has final authority to issue support orders for dependenpported by both parents and will not accept the terms of any settlement agreement that does not provide for reasonable levels of support. Although courts will often accept the child support terms thats retained regardless of any agreement that you may reach. The obligation for child support can not be bargained away in your negotiations. Courts are very protective of the rights of a child to be su A very important factor which is not listed here, but that you and your spouse must take into consideration, is that the court always has absolute authority over child support decisions. This power ie child if that parent works outside the home, or the value of the child care services performed by that parent if the parent remains in the home; The tax consequences of child support to each parent.g either sole custody or physical care of the child remaining in the home as a full-time parent; Child Support Information 3 The cost of day care to the parent having custody or physical care of th for education, including higher education; The responsibility of the parents for the support of others; The value of services contributed by the custodial parent; The desirability of the parent haviny of the child (if old enough to work); The needs of the child; The standard of living and circumstances of each parent; The relative financial means of the parents; The need and capacity of the childl skills and employability of each parent; The age and health of the child; The child's occupation (if old enough to work); The vocational skills of the child (if old enough to work); The employabilitt; Any excessive expenditures, destruction, or concealment of assets; The occupation of each parent; The earning capacity of each parent; The amount and sources of income of each parent; The vocationaiage had not been dissolved; The physical and emotional conditions and educational needs of the child; The financial resources, needs, and obligations of both the non-custodial and the custodial parenertinent to decisions relating to child support are as follows: The financial resources of the child; The age and health of the parents; The standard of living the child would have enjoyed if the marrhen often used to establish the maximum amount which the supporting parent should pay. The standard of living of both parents is considered in this decision. The general factors which are considered pe the minimum amount of child support that is necessary to provide the child with the basic comforts of life. Considerations regarding the second major factor, the ability of the parents to pay, are tlity of the parents to pay support. Each of these basic factors has many sub-factors, which are outlined below. Aspects of the first main factor, the needs of the child, are generally used to determineneral guideline for their negotiations regarding child support. The factors that are considered pertinent in most states revolve around two specific areas: (1) the needs of the child; and (2) the abieck the Appendix for the factors in use in your state. Some states do not Child Support Information 2 provide a list of factors in their statutes. Residents of those states may use this list as a g weight to give each factor depending on the unique circumstances of each case. You and your spouse should use this general list of factors to focus your discussions regarding child support. Please chn addition to any specific detailed statutory child support guidelines, most states also provide a list of factors which are considered relevant in child support cases. A judge will determine how muchrequiring welfare or other social service support from the state. Please check the Appendix for information on your state's specific statutory child support guidelines. C. Factors for Consideration Ieneficiary, or that the family home not be sold for a particular period of time. All of these provisions are an attempt to provide sufficient security for a child of divorce to prevent the child from d support. Some of these recent laws may require various non-monetary forms of support: that a parent provide health insurance, dental insurance, life insurance for the parent with the child as sole b must provide a specific level of monthly support to the parent who has custody of the child. Increasingly, states are adopting legislation that goes beyond simply providing a monthly payment for chil to order more or less child support if necessary. While each state's guidelines may be somewhat different, they all generally require that if the non-custodial parent has sufficient income, he or she support to award. In most states which have such guidelines, however, the rules are only to be used to provide a structure for determining a minimum amount of child support. A court has the authoritys charts and financial formulas for determining the correct amount of support. These detailed guidelines are an attempt to take the mystery out of the manner in which a court determines how much childrt will be presented. In recent years, these child support guidelines have tended to become more detailed, specific, and mathematic. The newest versions of child support legislation are full of varioued legislation and rules regarding how to arrive at a fair support amount. Some states have provided only simple formulas. Later in this packet, a general set of guidelines for determining child suppo some type of formula or guidelines for the determination of child support awards. In the attempt to provide specific financial guidelines for child support provisions, many states have adopted detailuch as is possible, a child should be entitled to share in the income of both parents, despite their divorce. Recent federal legislation (the Family Support Act of 1988) requires each state to providests may also increase. The goals of child support laws are to achieve a fair division of the income of both parents in order to provide for the satisfactory support of the children of a marriage. As mactually decrease as the parent with custody may find it more difficult to maintain a full-time job. Because both parents are no longer able to share their time with the child as easily, child care co cars, two televisions, two of almost every household item will need to be purchased and maintained. Unfortunately, the income of the divorced family will not increase. In many cases, in fact, it may d into two households upon divorce, the total living costs will naturally escalate. Two homes must be maintained instead of one. Two sets of furniture, appliances, and housewares must be provided. Twoair share of support for the child. A child should not be forced to suffer economically because of the divorce of his or her parents. Child Support Information 1 When a single family unit is divideconsiderable child support to be provided by the father. Regardless of which parent has physical custody and even when the incomes of both parents are equal, both parents still need to provide their f family situations, it is the mother who earns a disproportionately lower income than the father. Thus, in most divorce situations involving children, there will be an immediate and definite need for rents have an equal duty to support their children. In the vast majority of divorces which involve children, however, the mother is awarded physical custody of those children. Also, in the majority ofyment. It is a legal, moral, and ethical obligation to provide full care and support for your offspring. Divorce does not end this legal obligation for support. It merely complicates the duty. Both pa care, and education for a child. This is the law in every state. Parents of adopted children also have this same obligation. Child support, however, is not merely the delivery of a monthly support pachild have a legal obligation to provide adequate support for the child until the child reaches 18 years of age (21 in some states). This legal duty includes providing food, clothing, shelter, medicalement will also be seen as reasonable. As you approach your child support discussions, please keep these tragic statistics firmly in mind. B. The Law of Child Support Both natural parents of a minor If you and your spouse can come to a reasonable and workable agreement regarding the custody and visitation arrangements for your child, there will be a far greater chance that your child support agrefor this tragedy are many, but perhaps the most important stems from the frustration of the non-custodial parent having to pay for the support for children that he or she does not live with or raise. d parents. The majority of court-ordered child support payments are neither paid in full nor on time. Nearly one-third of the children entitled to child support receive no support at all. The reasons l settlement agreements and divorce orders that are most often defaulted upon or ignored. Tragically, this has resulted in the creation of a new class of poverty-level individuals: children of divorce the necessary information for these decisions. Before you and your spouse consider the legal aspects of child support, you should both understand that child support terms are the provisions of maritaa child must provide child support to the parent who has custody. Child support agreements are essentially financial in nature. A child support worksheet is included in this kit to allow you to gather Closely related to the decisions that must be made regarding child custody are those decisions relating to the support of a child. In most instances, the parent who does not have physical custody of _______________________________ What last name will the child use? ___________________________________________ Child Custody and Visitation Worksheet 2 Information Child Support A. General Overviewe the right to obtain the child's school, medical, or dental records?_________ Will there be any visitation privileges for grandparents? __________________________ If YES, when? ______________________if reasonable notice is provided?_________ Will the non-custodial parent have the right to be informed about the child's activities, illnesses, school, etc.? ________ Will the non-custodial parent hav_______________________________________________ (Winter, Spring break, Summer) Child Custody and Visitation Worksheet 1 Will the non-custodial parent be allowed to see the child at any other times lentine's Day, Easter, Mother's Day, Memorial Day, Father's Day, 4th of July, Labor Day, Halloween, Thanksgiving, Christmas/Hanukkah, the child's birthday, any other special days) Vacations: ____________________ Weekdays: ________________________________________________________ Holidays: _________________________________________________________ (New Year's Day, Martin Luther King Jr's Birthday, Vae other? _______________________________________________________________ On what dates and times will the non-custodial parent have visitation?: Weekends: _____________________________________________he children without the other parent's consent? ____________________________________________________ Will both parent's have the right to be informed of any change of address or telephone number of th ____________________________________________ If YES, does either parent have veto power over the decisions of the other? _____ Will the custodial parent have the right to move out of the state with t_______________________________ Vacation dates _______________________________________________ If YES, does the non-custodial parent have the right to be notified in advance of any upcoming decisions? _______________________________________ Medical care _________________________________________________ Dental care __________________________________________________ Religious training ______________ions regarding the child? __________________ If YES, do you desire a joint custody arrangement? ________________________ If YES, on what decisions will you both jointly confer? Education/school choicewill have actual primary physical custody of the child? (In other words, with whom will the child generally live?) __________________________________________ Will both parents share in the major decis____________________ Contact on spring vacation? ___________________________________________ Contact on summer vacation? Child Custody Questionnaire 5 Custody and Visitation Worksheet Which parent __________________________ ____________________________________________________________ ____________________________________________________________ Contact on winter vacation? ______________________________________________ Contact on weekends? _______________________________________________ Contact on school holidays? __________________________________________ Which holidays? __________________________________________________ What visitation should be allowed the parent who does not have physical custody of your child? (Include times and dates). Contact during the week? ______________________and your spouse would be able to effectively and peacefully share in making the major decisions regarding your child in the future? (For example: which school to attend, which doctor to visit, etc.). ___________________________ Your spouse: ______________________________________________________ Do you feel that you should have custody of your child? __________________________ Do you feel that you _______ ____________________________________________________________ Which of you has been the parent who has provided the primary day-to-day care for the child? You: _________________________________ain custody? You: ____________________________________________________________ ____________________________________________________________ Your spouse: _______________________________________________________________________________________________ If your child is of sufficient intelligence and understanding to form an opinion, do you feel that your child has a preference regarding who should ret__________________________________________________________ ____________________________________________________________ Your spouse: ______________________________________________________ _________________________________________________________________ ____________________________________________________________ Describe the physical, mental, and moral fitness of both you and your spouse: You: __of spouse or child abuse? You: ____________________________________________________________ ____________________________________________________________ Child Custody Questionnaire 4 Your spouse: ______________________________________ Your spouse: ______________________________________________________ ____________________________________________________________ Has there ever been any evidence _______________________________________________ Describe each of your efforts at the discipline of your child: You: ____________________________________________________________ ________________________________________________________________________________ ____________________________________________________________ Your spouse: ______________________________________________________ ______________________________________ ____________________________________________________________ In your opinion, in which home is the child most familiar with the schools, neighborhood, and community? You: ___ enrichment and opportunities? You: ____________________________________________________________ ____________________________________________________________ Your spouse: _____________________________our spouse: ______________________________________________________ ____________________________________________________________ In your opinion, in which home will your child have the most educationalpinion, in which home will your child find the most love and affection? You: ____________________________________________________________ ____________________________________________________________ Y ____________________________________________________________ Your spouse: ______________________________________________________ ____________________________________________________________ In your o Child Custody Questionnaire 3 In your opinion, in which home will your child receive better ethical, moral, and spiritual guidance? You: _____________________________________________________________________ ____________________________________________________________ Your spouse: ______________________________________________________ ____________________________________________________________ __________________ ____________________________________________________________ How long has your child lived with you in a stable environment? You: ___________________________________________________shelter, medical care): You: ____________________________________________________________ ____________________________________________________________ Your spouse: _________________________________________________________________________________ ____________________________________________________________ Describe the ability of each of you to provide for your child's basic needs (food, clothing, es which exist between each of you and your child: You: ____________________________________________________________ ____________________________________________________________ Your spouse: ___________________________ Your spouse: ______________________________________________________ ____________________________________________________________ Describe the love, affection, and other emotional tiou is more likely to allow the child frequent and continuing contact with the other parent? You: ____________________________________________________________ __________________________________________work ____________________ Bike ride/hike _____________________________ For the following questions, please answer and explain in detail in your own words regarding both you and your spouse: Which of y_______ Museum __________________________________ Zoo ________________________ Movie ___________________________________ Ballgame _____________________ Playground _______________________________ Your ______________________ Child Custody Questionnaire 2 When was the last time that you or your spouse took your child to the following? (Indicate when, which parent or both). Library ____________________________ Your spouse's? _____________________________________________________ Your child's? ______________________________________________________ Does your child attend church? __________________ur child or participates? ___________________________________ Who is the teacher? _________________________________________________ What is your religious affiliation? _________________________________________________________ Is your child involved in any music, crafts, or art activities? (If YES, please describe). ___ __________________________________________________________________ Who takes yo). ______________ __________________________________________________________________ Who goes to the games? _____________________________________________ Who is the coach or teacher? _________________? __________________________________________________ What is your child's favorite story? _____________________________________ Is your child involved in any sports activities? If YES, please describe_________________________________ Who does the grocery shopping? _______________________________________ Who does the dishes? ________________________________________________ Do you read to your child________ Who attends parent/teacher conferences?_________________________________ Who prepares the child's meals? _____________________________________________ What is your child's favorite food? ____ your child's teacher? __________________________________________ Who takes your child to school or day care? ______________________________ Who helps with homework? ___________________________________________________________________________ What school or day care does your child currently attend? _________________________ For how long? _____________________________________________________ Who ise 1 Who takes the child to the doctor/dentist? ______________________________________ Does you child have any special educational needs? (If YES, please describe). ________ _________________________________________ Who is your child's doctor? _________________________________________________ Who is your child's dentist? ________________________________________________ Child Custody Questionnair_____ __________________________________________________________________ Is any special treatment required? ______________________________________ Any special medication? ______________________________________________________________________________ Your child? ________________________________________________________ Does your child have any special medical needs? (If YES, please describe). _____________________________ Do you have any specific physical or emotional health problems? (if YES, please describe). __________________________________________________________________ Your spouse? _____r spouse's? _____________________________________________________ Do you or your spouse have any children by a previous marriage? __________________ If YES, list names, ages, and whereabouts. _________________________________________________________ For how long? _____________________________________________________ What is your educational level? ______________________________________________ You___________________________________ __________________________________________________________________ Where does your child currently live? _________________________________________ With whom? ______here ever been any previous court proceedings regarding custody of your child? __ (If YES, describe in full; indicating dates, city, state, name of court, and outcome). ______________________________________________________________ What is your child's birth date? ______________________________________________ In what city and state was your child born? _____________________________________ Have torksheet sets out the most common questions which arise in custody situations. Child Custody and Visitation Information 1 Child Custody Questionnaire What is your child's full name? _______________ce the decisions regarding child custody firmly in mind, you and your spouse should be ready to approach the actual mechanics of custody and visitation arrangements. The Child Custody and Visitation W basis for your custody discussions with your spouse and will allow both of you to focus on the relevant issues. 2. Child Custody and Visitation Worksheet With all of the various factors which influenhild please include answers relating to each child on the form. Many of the questions relate to which parent, in general, currently provides the primary care for the children. Your answers will be the copies of this questionnaire should be made and both you and your spouse should honestly and completely answer the questions. Although the questions relate to one "child," if you have more than one corksheet 1. Child Custody Questionnaire The Child Custody Questionnaire is designed to assist you in understanding what factors are pertinent to your discussions regarding custody and visitation. Twoce relating to the court with proper jurisdiction in your particular situation. Child Custody and Visitation Information 10 INSTRUCTIONS Child Custody Questionnaire & Child Custody and Visitation Wsdiction to decide your child's custody. If, however, you or your spouse or child have previously been involved in child custody litigation in another state, you will need to consult a lawyer for advir Child Custody and Visitation Information 9 child's care; and (3) both live in the same state; then, you may assume that the state that you both live in presently is the state with the proper juri parents, etc. If you and your spouse: (1) have never before been involved in any child custody proceedings concerning your children; and (2) are both able to agree upon the arrangements regarding yoused on a variety of factors, such as: the length of time the child has resided in the state, whether there has been any previous court proceedings concerning the child's custody; the residency of bothized guidelines to determine which single state should have the sole power and authority to decide the custody of a child in all situations. The decision as to which state will have jurisdiction is bats who have lost custody battles have taken their children across state lines in an attempt to have another state's court award custody to them. This new uniform legislation provides a set of standard custody decisions in every situation. It is an attempt to deal with the problems of child-snatching by parents who are dissatisfied with a particular state's custody decision. In the past, some parenatters: The Uniform Child Custody Jurisdiction Act. This legislation was passed in an effort to create a uniform nationwide system for determining which individual state should be the proper forum forecisions is the issue of which specific state has the proper authority and jurisdiction to hear a child custody case. All 50 states have now enacted a uniform law relating to jurisdiction in custody mt to have a relaxed, secure relationship with both parents without being placed in a position to manipulate one parent against the other. H. Child Custody Jurisdiction Related to the actual custody ding family relationships; The right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans; The righThe right to know that a parent's decision to divorce was not the responsibility of the child; The right not to be a source of argument between the parents; The right to honest answers about the changin each parent without one parent degrading the other; The right to express love, affection, and respect for each parent without having to stifle that love because of disapproval of the other parent; e right to be treated as an important human being, with unique feelings, ideas, and desires; The right to continuing care and guidance from both parents; The right to know and appreciate what is good stody and visitation, these are the most important. The Child's Bill of Rights is as follows: The right to a continuing relationship with both parents; Child Custody and Visitation Information 8 Ths can help each of the parents to better view the effects of their divorce through the eyes of their child. Of all of the factors that you and your spouse will consider in your discussions on child cunts involved in a divorce that there are certain important rights that their children are entitled to have considered during any discussions relating to custody and visitation. A review of these rightelaware recently enacted legislation that makes it a requirement that parents sign an affidavit that they have read and understand these rights. This Child's Bill of Rights is useful in reminding pareights In addition to the various factors that courts consider, an outline of the rights of children was developed from Wisconsin Supreme Court decisions and is now used throughout the United States. Dustody decisions in contested cases, a court decision will never be as meaningful to a child as one which his or her parents have worked out in an amicable and loving manner. G. The Child's Bill of R position to clearly understand the particular circumstances that influence your lives and the life of your child. Although a judge will use a list of factors similar to those presented here to make c, use the above factors to attempt to realistically assess what type of child custody and visitation arrangements would be best suited to your family. Remember that you and your spouse are in the bestWhether both parents have actively cared for the child before and since the separation; Whether one or both parents agree to, or are opposed to, joint custody. As you examine your particular situationrded joint custody to communicate and cooperate in advancing the child's welfare; Whether the child has established a close and beneficial relationship with both of the persons awarded joint custody; f the existing or proposed custodial home; The nature of the physical and emotional environment in the home of each of the persons awarded joint custody; The willingness and ability of the persons awaations of where the child will reside; Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents; The permanence, as a family unit, othe parent's ability as joint custodians to provide a positive and nourishing relationship with the child; The physical proximity of the parents to each other as this relates to the practical considernd the other parent; Child Custody and Visitation Information 7 Whether the past pattern of involvement of the parents with the child reflects a system of values and mutual support which indicates hese factors are as follows: The ability of the parents to cooperate and make decisions jointly; The ability of the parents to encourage the sharing of love, affection, and contact between the child aa court will take into consideration when joint or shared custody is an issue. These factors relate to the ability of the parents to cooperate and to the practical aspects of allowing joint custody. Tral mediator; A history of violence between the parents or a history of child abuse; and A need to promote continuity and stability in the life of the child. In addition, there are other factors that ucation of the child; The advantages of keeping the child in the community where the child resides; The optional time for the child to spend with each parent; Any findings or recommendations of a neutlationship of the child with parents, siblings, and other significant family members; The material needs of the child; The stability of the home environment likely to be offered by each parent; The ed between the child and the other parent; The wishes of the parents; The child's adjustment to his or her home, school, and community; The mental and physical health of all individuals involved; The retime the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; The desire and ability of each parent to allow an open, loving, and frequent relationshipild's needs; The preference of the child, if the child is of sufficient age and capacity to form a meaningful opinion; The love and affection existing between the child and each parent; The length of x of the child; The physical, emotional, mental, religious, and social needs of the child; Which parent provides the primary care for the child; The capability and desire of each parent to meet the cht list specific factors in their statutes. For those states, this general list of factors may be used. Please check the Appendix for the laws regarding custody in your particular state. The age and senduct has a direct bearing on the parent's relationship with the child. The following is a list of the most important factors that are in use in courts throughout the United States. A few states do noe child is old enough to have a mature and intelligent choice. Marital misconduct Child Custody and Visitation Information 6 is not considered at all in many states to be relevant, unless the miscotances that influence the decision of which parent should be awarded custody of a child. The wishes of the parents and of the child are almost universally considered to be relevant, particularly if the factors are provided only as guidelines and there are generally no mandatory requirements that each factor be considered. They are used as a framework by which to approach the complex set of circumsr, seek legal assistance immediately. F. Factors For Consideration In most states, judges are provided with a specific list of items which have been determined to be relevant to custody decisions. Thremendous psychological and emotional toll that a bitter court battle over custody can have on both you and your child . If your spouse hires a lawyer to engage in a custody battle, you should, howeveirst alternative for providing a solution. If personal negotiation and mediation both fail to help you achieve an agreement, a resort to the legal process may be necessary. However, keep in mind the tto both of you and your child. However, if you and your spouse are unable to reach an agreement, the use of an impartial mediator may be useful. In child custody disputes, mediation is the preferred fs to have both of you available for love, affection, and guidance as he or she grows up. You should make every possible attempt to work out a reasonable child custody arrangement that is satisfactory viding a child's time between two parents who no longer desire to live together. Both parents deserve an opportunity to interact with their child during childhood. More importantly, your child deservents in a cooperative manner without the involvement of courts and lawyers. Cooperating parents can adopt any practical arrangement that provides a reasonable resolution to the difficult problems of di disputes. You should also refer to the state appendix for the details of your state's particular laws regarding child custody. Decisions on custody and visitation, however, are best made by both parey and visitation. As you examine your own lives and consider the realities of custody and visitation, keep these legal trends in mind. They are what guide most courts in their deliberations of custody, courts are somewhat reluctant to make changes in settled custody arrangements. For this reason, you and your spouse should work diligently to attempt to initially fashion a fair agreement for custodcustody agreement at any time in the future, it is much more difficult to have such modifications made after your divorce is finalized. For the sake of promoting a sense of stability in a child's lifed will not favor any unusual custody arrangements that fall outside of the traditional boundaries. Recognize also that although the court which handles your divorce will have the right to modify your t agreements, particularly if it appears that such agreements were obtained through thoughtful and mature negotiation. Most judges, however, are conservative when it comes to the rights of children an's legal rights is referred to generally as a guardian ad litem. In the vast majority of cases, however, a court will accept reasonable custody and visitation provisions contained in marital settlemenhild Custody and Visitation Information 5 authority to appoint a lawyer who will represent the interests of the child in a contested custody situation. This court-appointed legal guardian of a childiny by a court. The court has total authority in this area and has the power to totally disregard any agreement that is felt to be harmful to the children. In many states, in fact, the court has the Cween parents remain subject to court modification. Of all the terms of your marital settlement agreement, the terms which relate to the care and custody of your children will receive the closest scrutsonable for both parents will generally be the best for your child. E. Modification of Custody and Visitation Terms Finally, in all states, any custody and visitation agreements which are reached bet's place. Imagine that your only contact with your child will be the visitation which is agreed upon. You would want it to be as liberal and as frequent as possible. An agreement which is fair and reae discuss specific visitation terms, you should make every effort to insure that both of you are treated fairly regarding visitation. As you discuss the amount of visitation, put yourself in the otherference. Visitation exchanges may be the only time that you see your spouse after the divorce. Both of you should show mutual respect for the other while in the child's presence. As you and your spousor both the parents and for the child. Visitation is a time for the parent and child to be with each other and enjoy each other's company and should be maintained on a clear schedule and without interember and keep in mind that: Visitation with the other parent is necessary and helpful for your child's normal development and future welfare. Visitation should be a pleasant and positive experience fortable in your roles as divorced parents. Visitation is as much the child's right as it is the parents. As you approach the decisions on visitation, you should remember certain points. You should remlanning, but flexible enough to allow for reasonable changes. Remember that any visitation schedule is only a starting point. Reasonable adjustments can be made as you and your spouse become more comfllow frequent contact between the non-custodial parent and the child and should attempt to fit into the child's normal schedule. The schedule should be firm enough to allow for a degree of long-term pn, where and how long such visitation should be is one of the major decisions that you and your spouse will have to work out as you discuss your children's future. Visitation should be structured to ain the non-custodial parent's home. A court does have the authority to completely deny any visitation to a parent who has abused a child. In most cases, however, reasonable visitation is standard. Whe and frequent visitation with the child. Unless there is a genuine and substantiated fear of emotional or physical harm to the child, such visitation is generally allowed on an unsupervised basis and Visitation Child Custody and Visitation Information 4 In any custody arrangement, and in all states, the parent who is not awarded actual physical custody of a child has a legal right to reasonable care-giver as continuing custodian generally fosters a home life of stability and continuity for the child. In the family upheaval caused by divorce, this factor deserves considerable attention. D. is method of selection of the parent to have physical custody places the greatest emphasis on who has been providing the most parental care for the child prior to the divorce. Selection of the primaryare, and guidance to the child prior to the actual divorce. It allows each parent an equal right to earn the custody of a child by providing care for the child before the divorce proceeding begins. Th awarded custody, but rather is based on an examination of the reality of the burdens of parenthood. The decision is based on the practical considerations of which parent has provided the most time, cing the child for sleep, sharing in their playtime, dealing with medical problems, participating in their education, etc. This method does not presuppose that either parent has an entitlement to beingthe child after the divorce. The preference is given to the parent that has actively participated in caring for the child and performed the majority of the parenting activities: preparing meals, readyr of the child. The parent who has provided most of the day-to-day care for the child during the marriage is then considered to be the most likely candidate to continue on as the primary custodian of ides one of the most common-sense approaches to the problem. Increasingly, courts are looking at a child's day-today circumstances in an effort to determine which parent has been the primary care-giveIn all states, however, there is legal precedent to allow custody arrangements which are most beneficial to the children involved. The most recent trend in custody legislation and court decisions provat there is no preference for one particular type of custody. Most states specifically allow for joint custody, while others have no particular statutory authorization for any type of shared custody. most definite method to establish which parent has the necessary authority to make the major decisions. Some states have established a legal preference for joint custody, while others clearly state tht important factor. In situations where there is genuine hostility between the parents, however, one parent should generally be granted sole physical and legal custody. This is often the clearest and on-making. For joint custody to be successful, both parents must be willing to compromise for the sake of the child, and both parents must be willing to consider the well-being of the child as the mosing single-parent childhoods for children of divorce. These types of arrangements work well and are a benefit to the child, however, only if both parents can maturely cooperate in the necessary decisiently, there seems to be a general national trend towards approval of joint custody arrangements. The encouragement of frequent and continuing contact with both parents is clearly preferable to fosteror the children involved, however, this constitutes not only a splitting up of one's parents but also a forced separation from one's siblings. Arrangements of this type are not favored by courts. Currpast to attempt to achieve a technical fairness when there is more than one child by giving each parent physical custody of one or more Child Custody and Visitation Information 3 of the children. Fuations, however, it may be appropriate. Another alternative, which has also proved to be difficult for the children involved is also known as split custody. This type of custody has been used in the r child psychologists. It is seen as emotionally difficult for a child to be continually shifted back and forth between each parent, without a sense of where their "home" is truly located. In some sit periods of time. A child may be awarded to each parent for 6 months out of a year, or for alternating months or weeks. This type of custody arrangement is not generally favored by either the courts oeas this is referred to as split custody; in others, this is referred to a joint physical custody). Under this form of custody, each parent is awarded actual physical and legal custody for alternatingrs sole custody situations. It is the decisionmaking process affecting the child that is the responsibility shared by the parents. Divided or alternating custody is another form of custody (in some arf the time is allowed individual control over the minor day-to-day decisions that must be made. In many joint custody situations, the actual physical custody time a child spends with each parent mirroight to jointly make the major decisions that will affect the child's life: religious, educational, medical, and social decisions. Naturally, the parent with actual physical custody for the majority ot legal custody of the child. This rather confusing terminology simply means that both parents will continue to share the rights and responsibilities that come with parenthood. They will both have a rstody of a child, one parent is generally still awarded sole physical custody of the child, with the other parent being allowed reasonable visitation privileges. However, both parents are awarded join rights: joint physical custody (actual custody of the child); and joint legal custody (rights to share in important decisions regarding the child). While both parents may be awarded joint physical cu Joint or shared custody, on the other hand, is an attempt to allow both parents a voice in the major decisions involved in the raising of a child. Joint custody is generally divided into two separateform of custody arrangement, with sole custody to one parent and liberal visitation for the other parent, is still the predominant method used in the majority of divorce situations involving children. of the parent with sole custody. In most sole custody arrangements, the non-custodial parent is afforded some type of reasonable visitation rights unless there is a danger of harm to the child. This ld attend, whether the child should have medical attention, what religion the child should be taught, and all decisions regarding the child's activities, conduct, and well-being are the responsibilitythe child live with the custodial parent) and the legal custody (the right to make all of the major decisions relating to the up-bringing of the child). Decisions regarding which school the child shou of Custody Arrangements In the past, sole custody by one parent was the standard form of custody. Under sole custody, one parent was awarded both the physical custody of the child (the right to have yers and judges included) will use some of these terms interchangeably or incorrectly. Be certain in your discussions regarding custody that you both agree exactly what you are taking about. C. Typesand exactly what joint custody is and is not. Some definitions are offered below in an attempt to clear up this confusion. Child Custody and Visitation Information 2 Unfortunately, some people (lawared custody has been developed in an effort to allow a child reasonable access to both parents while growing up. Some confusion has resulted from the use of this phrase and it is important to understdiately consult an attorney for legal guidance. Another legal doctrine has emerged recently, however, which allows both parents much greater flexibility in sharing parental responsibility. Joint or shp their rights to substantial property and support. Any attempts to engage in this tactic are highly disfavored by courts. If you feel that this tactic is being used in your situation, you should immectually have custody have used this manipulative tactic to prey upon the maternal fear of losing a child. In order to be certain that they do not lose custody of their child, many mothers have given uunscrupulously used this right as a weapon to pressure the mother into trading her property, alimony, or child support rights for uncontested custody of a child. Fathers who have no desire at all to at is the mother who is awarded custody of the children. There is an unhappy consequence of the legal changes which make it easier for fathers to request custody. Some fathers and their attorneys have ever, despite the changes in the law that provide that both parents have an equal right to custody, mothers are still overwhelmingly the parent who retains custody. In over 90% of all custody cases, iyears" doctrine and allow fathers an equal footing in custody disputes. For the most part, they were successful. Fathers now do have an equal legal ability to obtain custody of any minor children. Howntinue to provide these guidelines for custody decisions and these factors for consideration are discussed below. In the 1970's, extensive legal battles were waged in attempts to overturn the "tender lowed in custody battles. Detailed lists of factors were also developed to guide a court in determining what actually was important in making decisions regarding the custody of a child. Most states cog regarding custody. Theoretically, a parent's actions were pertinent only to the extent that they had an impact on the child. In practice, however, much irrelevant testimony and evidence was still al doctrine known as the "best interests of the child" was developed. Under this legal theory, the mental, physical, and emotional well-being of the child was considered paramount in any legal proceedinhildren involved in these proceedings were particularly tragic. In an attempt to overcome the type of proceeding which encouraged the dredging up of irrelevant details of each parent's private life, aer declared unfit. This type of custody battle provided a forum for some of the most psychologically and emotionally damaging court proceedings in our society's history. The traumatic effects on the c as negative a picture as possible of the mother for the court. Innocent past actions and harmless present circumstances were often distorted and misrepresented to the court in attempts to have a mothuld get custody of a minor child was to prove in open court that the mother was totally unfit to care for the child. This required, in most instances, that the father and his attorney attempt to paintight in legal custody decisions. If the child in question was a girl, the presumption that custody be awarded to the mother was almost insurmountable. Effectively, the only method by which a father cothe stronger the Child Custody and Visitation Information 1 presumption that custody be given to the mother. This doctrine was known as the "tender years doctrine", and carried very considerable we be awarded custody of any child. This presumption stemmed directly from the traditional, though not universal, role of the mother as homemaker in our society at that time. The younger the child was, ere previously used to determine custody. In the past, there were several legal doctrines which governed child custody decisions. Most notably, there was a very strong presumption that a mother shouldegarding how an impartial judge might decide which parent is to be awarded custody of a minor child. These relatively new legal doctrines are a clear break with many of the traditional methods which wcult decisions that you will encounter in your divorce. Judges and legislators have also grappled extensively with the difficulty of this decision. In recent years, certain legal trends have emerged r their lives with the results of you and your spouse's custody decisions. B. Laws of Child Custody and Visitation Determining which parent is to have custody of a minor child is one of the most diffithrough a battle over custody. For your children's sake, you must make every effort to keep your discussions about custody on a reasonable and mature basis. Your children will have to live the rest ofsh to live with your spouse, you may feel that you don't want your children to live with him or her either. There may also be a tendency to attempt to vent your frustration at the prospect of divorce n on a calm and peaceful level. In many cases there is a temptation to allow personal animosity toward your spouse to enter into the discussions regarding your children. If you personally no longer wibe parents, even though you will no longer be wife and husband. Because of the necessity for this on-going relationship, it is very important to keep your settlement discussions regarding your childreth your spouse regarding custody and visitation. If you have children, you must understand that your divorce will not end the relationship between you and your spouse. You will still both continue to lt of the entire divorce process. But in many respects, they may also be the most important. Your children's future well-being will depend directly on your ability to come to a reasonable agreement wivenge and vindictiveness between their divorcing parents. If you and your spouse have children, the decisions that you will face regarding their custody and visitation will perhaps be the most difficulogical scars that children receive in these fierce custody wars are perhaps the most tragic results of divorce. Unfortunately, in too many instances, children become pawns in a destructive game of rehildren experience the divorce of their parents. Too often, when children are part of a divorcing family, a devastating legal battle is waged over the right to retain custody. The emotional and psychog in any way out of the use of these materials. An attorney should be consulted for all serious legal matters. Information Child Custody and Visitation A. General Overview Each year, over 1 million cvices; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arisinlishers of the forms, be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or serof the materials for your particular needs. The materials are used at your own risk. In no event will: i) FindLegalForms, Inc, its agents, partners, or affiliates, or ii) the providers, authors or pubclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not give any express or implied warranties of merchantability, suitability or completeness for any ts. Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inc. does not provide legal advice. The purchase and use of these materials is subject to the "Disrs are pertinent to your discussions regarding custody and visitation, including addressing the common questions which arise in custody situations; and ii) guidelines to determine child support paymenment and Jurisdiction of Child Support E. General Child Support Guidelines 2.2 Child Support Worksheet The information and forms in this kit are designed to assist you in understanding: i) what factold Custody Questionnaire 1.5 Child Custody and Visitation Worksheet 2. Child Support 2.1 Child Support Information A. General Overview B. Laws of Child Support C. Factors for Consideration D. Enforceements F. Factors for Consideration G. Child's Bill of Rights H. Child Custody Jurisdiction 1.2 Child Custody Questionnaire Instructions 1.3 Child Custody and Visitation Worksheet Instructions 1.4 Chi.1 Child Custody and Visitation Information A. General Overview B. Laws of Child Custody and Information C. Types of Custody Arrangements D. Visitation E. Modification of Custody and Visitation ArrangChild Custody, Visitation and Support Kit Provided under agreement with copyright holder, © Nova Publishing Company 2004 This packet contains includes the following: 1. Child Custody and Visitation 1