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Divorce with Children


Facts for Divorces with Children

Important Factors for a Divorce with Children

There are many factors to consider while going through the divorce process, and if you are involved in a divorce with children, there are even more factors to consider.  The two main components of divorces with children involve child custody and child support.  The forms for establishing child support and child custody vary from state to state, but there are general conditions within every state in the United States. 

In order to view the specific forms for child support and conditions for child custody in your specific state, you can visit your individual state on this website and find the information you need.  

Different Types of Child Custody

There are multiple forms of child custody that each state takes into consideration.  If you are involved in a divorce with children, you should consider the following types of child custody and what type would work best for your family:

Physical Custody

This type of custody simply means that the parent has the right to have the child live with them.  Joint physical custody will usually work best for two parents that live close to each other.  

Legal Custody

This type of custody means that the parent has the right to make decisions about the child’s upbringing.  Some common types of decisions include education, religion, and healthcare, and a state will generally give legal custody to both parents.  Parents may choose to have deciding rights on certain issues, but if they can’t agree, a case may be brought to a court in order to establish a revised custody agreement.  

Sole Custody

Sole custody may be awarded if a parent is unfit to raise the child because of their lifestyle, drug habits, abuse, or partnership with someone who would affect cohabitation with the child.  Sole custody is becoming less and less common, and many states are forcing each parent to become involved in their child’s life.  

Joint Custody

Joint custody can apply to both legal and physical custody and is the preferred type of custody in most states.  Joint custody arrangements are usually specified within a divorce settlement, and the final settlements usually determines custody during the school week, weekends, summer, and other vacations.  

Child Support

If you are involved in a divorce with children, you should talk with a lawyer about your obligations for providing child support.  Every state has different calculations for determining child support, and these numbers are usually determined along with spousal support.  Under the Child Support Enforcement Act, each state determines the amount of child support based upon the following conditions:

• the needs of the child including insurance, education, day care, or special needs

• the income and support needed by the custodial parent

• the non-custodial parent’s ability to pay both child support and spousal support

• the child’s standard of living before the divorce

If you are involved in a divorce with children, you should also consider the tax consequences.  The IRS considers child support payments to a custodial parent as taxable income.  However, the IRS Form 8332 allows the custodial parent to claim the child as a dependent and the non-custodial parent to seek tax exemptions.  

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