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Visitation:
Visitation is viewed as part of the joint right of the child and
non-custodial parent to an ongoing relationship. The love and guidance of
the noncustodial parent is highly valued and promoted by the court in the
absence of any factors which would be harmful to the child.
Since the vast majority of divorces
occur subsequent to a separation agreement, most divorcing couples have
arranged for a presumably mutually agreeable visitation schedule. When
custody is decided by a court, visitation is generally every other weekend
and one or two evenings.
Supervised visitation can be ordered
by the court if the noncustodial parent is abusive, neglectful, or presents
a danger to the child. A court may order a suspension of visitation if the
presence of the parent if harmful to the child.
Child
Support:
Child support is based on the Child Support
Standards Act (CSSA) which directs that a certain percentage of a
non-custodial parent’s income be contributed. Under the CSSA, the
basic child support obligation to be paid by the non_custodial parent is
based upon a percentage of the combined parental income. For one child the
amount is 17%, for two children 25%, for three children 29%, and for four
children 31%. In addition to the basic child support obligation, the
non_custodial parent may be obligated to pay for a portion of the child care
expenses related to the custodial parent's employment or education which
would lead to employment. Health care expenses for the children are
apportioned between the parents based upon their combined parental income.
The noncustodial parent also may be directed to pay for educational
expenses. If the amount of the basic child support obligation is unjust or
inappropriate, the noncustodial parent's prorata share of the child support
obligation may be determined by other factors and not by the percentages
mentioned above.
Neither parent has any obligation to support a child
once the child reaches 21 years of age. Child support may end before 21
years of age under certain circumstances such as the gainful employment of
the child or the child's willful refusal to maintain a relationship with the
noncustodial parent. However, generally, although children no longer are
minors at 18, parents are obligated to support them until they are 21.
Spousal Maintenance
Spousal maintenance (alimony) may be permanent or
limited and awarded to either party based upon a number of factors including
the prior standard of living of the parties, earning capacity; and ability
to become self_supporting. The parties may waive the right to spousal
maintenance.
Grounds
for Divorce: Other than a divorce
based on a separation agreement, there are four grounds for divorce:
Cruel and Inhuman
Treatment:
Cruel and inhuman treatment can involve either physical
or mental abuse. The treatment must have such a serious effect on the
physical or mental health of the individual that it is not safe or
proper for the marriage to be continued.
Abandonment For One or
More Years:
Abandonment occurs where a spouse has left without
the other’s consent and justification, and never intended or offered to
return. Unjustified refusal to have sex is considered to be a
"constructive abandonment." Abandonment must exist for a continuous
period of at least one year.
Adultery:
Adultery is difficult to prove and usually shown by
circumstantial evidence and that the spouse had the opportunity,
inclination, and intention to engage in sex with another. Courts will
not grant divorces where there are mutual acts of adultery.
Imprisonment for Three
Years or More:
The individual must have been in prison three or more
consecutive years before an action is brought.
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