http://resources.lawinfo.com/en/Legal-FAQs/Custody-and-Child-Support/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Custody-and-Child-Support/Federal/how-does-the-court-decide-who-gets-the-childr.html At the outset, it is important to understand that &ldquo;custody&rdquo; is usually divided into two separate categories &ndash; legal custody and physical custody.&nbsp; Usually, both parents are granted joint legal custody; meaning that both parents have an equal say in making the day to day decisions related to their children&rsquo;s health, safety and general welfare.&nbsp; Physical custody simply refers to the allocation of time spent with each parent.&nbsp; Over the years, many states have done away with the term &ldquo;sole custody&rdquo; and simply order that the parents have joint physical custody then determine the percentage of time that the child will spend with each parent.&nbsp; This is usually done through the use of some type of parenting plan that is either agreed upon by the parents and submitted to the court or if the parties can not agree on this, then the court will listen to arguments from both parents and then make a decision.<br /> <br /> In making any decision regarding how much time a child will spend with either parent, or which parent will have primary custody, the court will always make that determination based upon the &ldquo;best interests&rdquo; of the child standard.&nbsp; In using the &ldquo;best interests&rdquo; standard, a court will look carefully at both parents in order to determine if there are any factors that make it better for the child to spend more time with one parent than the other.&nbsp; For example, if the mother has an 80 hour per week job and the father works part-time, that would be an important factor.&nbsp; In addition, any issues that either parent has related to a substance abuse problem, present or past criminal activity or any other type of unstable lifestyle will be carefully evaluated. Custody and Child Support FAQs Fri, 09 Nov 2007 00:04:51 GMT http://resources.lawinfo.com/en/Legal-FAQs/Custody-and-Child-Support/Federal/how-is-child-support-ordered-and-what-exactly.html Child support is a court ordered monthly payment by one parent (often the non-custodial parent) to the other parent for the support of their common child. Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.&nbsp; In general child support payments are typically determined according to a state adopted mathematical formula that takes each parent&rsquo;s income, earning capacity, health and time spent with the child, into consideration. Custody and Child Support FAQs Fri, 09 Nov 2007 00:07:29 GMT http://resources.lawinfo.com/en/Legal-FAQs/Custody-and-Child-Support/Federal/my-spouse-is-not-making-payments-what-can-i-d.html You can take your spouse back to court.&nbsp; Once there, the judge has many tools available for your use.&nbsp; For example, you could have the judge issue a wage assignment which results in an automatic deduction from your spouse&rsquo;s paycheck.&nbsp; You may also be able to &ldquo;attach&rdquo; or &ldquo;levy&rdquo; upon your spouse&rsquo;s bank accounts, stocks or other property including a house.&nbsp; In addition, many states have empowered the local district attorneys office with the power to enforce support payments.&nbsp; Accordingly, you could hand the matter over to the district attorney&rsquo;s office or a similar government office to pursue your spouse.&nbsp; Many courthouses offer free services that give advice on the best strategy to use. Custody and Child Support FAQs Fri, 09 Nov 2007 00:07:54 GMT http://resources.lawinfo.com/en/Legal-FAQs/Custody-and-Child-Support/Federal/can-a-child-support-order-be-changed-or-modif.html <br /> Yes. An order for child support can be changed or modified any time there is a material change in circumstances from the time that the initial child support was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent&rsquo;s financial situation - such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. A material change in circumstance can also be the result of a new situation for the child - such as large medical expense, need for special education, or other unexpected necessities. <br /> <br /> Keep in mind that all states require both parents to be financially responsible for their child while the child is a minor, which generally means until the child reaches the age of 18, unless the child has some type of disability.&nbsp; In that case, depending upon the severity of the disability, the parents may be responsible for supporting the child for the child&rsquo;s entire life. Custody and Child Support FAQs Fri, 09 Nov 2007 00:08:47 GMT http://resources.lawinfo.com/en/Legal-FAQs/Custody-and-Child-Support/Federal/what-happens-if-i-need-to-relocate-.html Should a parent need to relocate, the court will continue to use the &ldquo;best interests&rdquo; standard in determining where the child will go.&nbsp; There are federal laws that prohibit a parent from simply taking a child and moving without consent of the court or the other parent. 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