There is confusion between child custody and child support cases that are necessarily taken upon the filing of divorce by either spouse. Others believe that the said subject matters pertain to the same thing. However, there are many distinctions between the two.
When we speak of child custody cases, it refers to the litigation wherein the mother and father are fighting for the custodial rights over the person of the involved child. In such case, each of them may be allowed to present evidence in order for the court to decide whether a joint custody or an award to non-custodial parent is proper.
On the other hand, child support cases involve proceedings wherein the court will determine how much each parent is liable for the support and maintenance of the child. Under the law, child support orders are only valid while the kid is still under the age of minority. Once he or she reaches the age of majority or eighteen years old, the obligation for child support is automatically terminated. By express provision of the law, there are some instances when the said obligation is not extinguished even if the child is no longer a minor.
One of the most common questions asked by a parent to whom a joint custody with the other parent is awarded is: “Whether or not the parents with joint custody is still liable to pay for the child support.” In the previous decided cases of the Supreme Court, the said legal issue was answered in the affirmative. Even if there is a joint custody over the person of a child, each parent may still be obligated to pay for the child support. In determination of the amount for child support, the court will take into consideration several factors and apply the “best interest of the child” rule.
Many people are wondering why the liability for the payment of child support is valid even if there has already been a joint custody award made by a court with competent jurisdiction. The reason behind this is the fact that the child support guidelines calculate the obligation to pay for the support based on the time that a particular parent has spent with a child and the gross annual income of the mother or father. To have a full understanding about all these legal matters, do not hesitate to contact Milwaukee family attorneys to ask for explanations about the things that are unclear for you.