Child Custody, Support & Visitation:
Answers To Often Asked Questions

Separation and divorce are common today. Often, children are involved.  Here are answers to common questions about child custody, support and visitation.

Q. Are there different kinds of child custody?

A. Yes, “physical” and “legal” custody.   Physical custody is who the child lives with. Legal custody is who makes decisions about the child’s health, education and other legal matters. Many states don’t treat these separately, but just refer to “custody,” which includes both types.

Q. What is the most common custody arrangement?

A. Joint custody.  Here, the child spends time living with each parent on a regular basis.  In joint custody, both parents share decision making.

Q.  Who makes custody decisions?

A. These decisions are made by a judge.  But if the parents agree who gets custody, the judge usually accepts their choice.  If they can’t agree, the court decides.  It bases its decision on the child’s best interest and  considers several factors, including the child’s age and health, the parents’ lifestyle, prior living arrangements and the child’s preferences.

Q.  If my spouse gets custody, do I get to spend time with my kids?

A.  A court can set a visiting schedule. The court may need to do this if the parents cannot cooperate with each other.

Q.  Who sets the amount of child support?

A.  The court, usually under guidelines developed by the state. Some states give judges wide leeway in setting the amount, while others do not.

Most states’ guidelines specify factors to consider in determining the amount of support.  These include the amount of the parents’ income and the expenses needed to raise the child.

Q. I pay too much child support.  Can I get it reduced?

A. You can ask a court to lower the amount of support.  You will need to show there are changed circumstances to justify the reduction, such as a significant cut in your earnings or a showing that the parent receiving support now earns more money.

Q.  If I don’t pay child support on time, what happens?

A.  If it’s truly an accident and happens only once, little may happen if you fix it fast. But if you fail to pay, your wages can be garnished and your bank account or other property can be seized. 

Q.  My ex stopped paying court ordered support.  What should I do?

A.  Consult your lawyer. Your lawyer may first try to work it out with your ex-spouse. If this fails, your lawyer can take the other steps permitted by law to collect unpaid support.

Q.  Can I refuse to let my ex see the kids for failing to pay support?

A. Not recommended.  Cutting off visits may cause you to lose custody, and may hurt the kids.

Q.  How long must I keep paying child support?

A.  Until the children become adults, or for the length of time specified in the court’s child support order. It could state other events when the support ends earlier.