Divorced or separated parents who share custody of their children face a path of compromise and cooperation to effectively divide and allocate parental responsibilities. This is no easy task, and each parent will find moments of frustration along the way. If, however, a concerted effort is made to keep relations civil, supportive, and child-focused, shared custody can work, and work well. One aspect of shared custody that routinely impacts the exercise of parenting time and remaining informed about major decisions affecting the child is the regular payment of child support. Child support is a legal requirement that all parents must fulfill until the child reaches adulthood. It is not formally enforced until parents divorce or separate, with the parent holding primary custody of the child typically receiving the monthly payments. Child support is always a sticky subject, and is frequently grounds for additional legal action once a divorce or initial child support action is finalized. The guidelines that outline how child support is calculated is administered by the Indiana Supreme Court, and the Court recently sought public comment about the current child support guidelines with an eye to making potential changes. At a public forum held to facilitate participation by interested members of the public, several parents pointed out the conflict that can arise between the payment of child support and co-parenting. A discussion of how co-parenting is designed to keep the child’s interests at the forefront, and the potential for child support disagreements to derail this process, will follow below.
Co-Parenting and Child Custody
Indiana law does not favor either parent in child custody proceedings, and supports the non-custodial parent receiving a reasonable amount of parenting time to ensure both parents are present in the child’s life. How much time a non-custodial parent may receive, though, can vary widely, and seeing a child every other weekend is not the best way to promote a strong parent-child relationship. To co-parent, both parents must be equally involved in raising the child, and committed to keeping the lines of communication open in order to prioritize the child’s welfare. Co-parenting is the preferred shared custody model of many child advocates, and some States have passed laws supporting a preference for custody that supports this dynamic. Indiana does not fall into this group, and some fathers’ rights groups argue that judges make this type of shared custody virtually impossible with the limited amount of parenting time many receive.
The Intersection of Child Support and Parenting Time
In addition to the impact of giving one parent the majority of the parenting time, there is also the significance of child support in the relationship between the parents. While Indiana law does not authorize or permit withholding parenting time for the non-payment of child support, this reaction is not uncommon. Further, the parent paying support may not stop because parenting time is withheld, and must petition for a modification of the parenting plan to rectify the situation and hold the other parent accountable. In either case, court intervention is supposed to be the avenue a parent takes to settle a child support or parenting time dispute, but this does not always happen, and can leave the non-custodial parent feeling his/her right to the child is linked with child support, and not the right to access the child regularly, which all parents hold until expressly taken away. Concerns about child support or child custody should be directed to a family law attorney, who can discern what course of action is appropriate, and guide the parent toward a resolution that will protect the child’s interests.
Get Help
Issues related to children are more prone to disagreement and strife. Instead of trying to figure out how to retaliate for the other parent’s actions, talk to a family law attorney about your legal options. Christopher L. Arrington, P.C. understands the stresses of child custody, and how to use the nuances of the law to get you a result that is best for your family. Contact the Danville law firm to schedule an appointment.