Child support and custody are often the most important and most gut-wrenching parts of a divorce. At Brockton D. Hunter, P.A., we are committed to ensuring the children’s needs are put first as we advocate for you. Child support usually involves a payment from one parent to the parent with whom the child spends most of his time. These payments are intended to provide financial support to assist in caring and providing for the child or children and usually last until the child is 18. Minnesota has a statute that courts follow when determining how much a parent must pay with regard to child support. Child support payments may be awarded in addition to spousal maintenance.
While it may seem simple to plug numbers into the statutory formula, child support goes hand in hand with child custody. Child custody encompasses legal custody and physical custody. Legal custody determines who makes decisions about important aspects of the child’s upbringing, such as education, health care, and religion. A court will presume that joint legal custody (in which both parents have legal custody) is in the best interest of the child, unless there has been abuse in the family. Physical custody determines who is responsible for the daily care, control and residence of the child. In some circumstances the court may grant sole legal custody or sole physical custody to one parent and allow the other parent visitation.
In Minnesota, child custody and support are addressed in a parenting plan that can be created during divorce or paternity proceedings. The court will consider how parents will make decisions for the children, how well the parents work together, and whether it would be detrimental to the child if one parent were to have sole authority over the child. The attorneys at Brockton D. Hunter, P.A. have experience with child support and custody issues and are available to fight for your family as well.