How to Control Child Custody

For many concerned parents, divorce can raise all kinds of fears about how they are going to provide for their children in the foreseeable future. Theoretically, the legal system has an answer for that — child support. This form of compensation ensures that primary custodians can continue to raise their children after the divorce, allowing the children to experience the same standard of living they enjoyed during the marriage. But as we all know, sometimes the legal world is not that simple, and it can be difficult to navigate. In a litigated divorce, you do not have much control over the details of your child support. It is calculated based on a preset formula, and that’s that. But what if there was a way to exert greater levels of control over how much child support you receive?

In fact, there is a method that can help you achieve this goal, and it is called collaborative divorce. With this strategy, you can ensure that your child support meets the specific needs of your family, and you may be able to go outside the bounds of what is normally permitted in a litigated divorce. As long as both parents are able to agree on what they believe to be a fair child support system, there is no reason to arbitrarily stick to a preset formula put in place by the state.

Of course, collaborative divorce requires a somewhat different approach compared to a litigated divorce, and that is why you need to work with an experienced divorce attorney. Choose a lawyer who understands the ins and outs of collaborative law, and you can approach the sensitive matter of child support with confidence and efficiency. It is best to book a consultation with one of our legal professionals as soon as possible to get started.

Several elements of child support can be controlled when spouses approach this matter through a collaborative divorce. Firstly, you can control the duration of child support. In North Carolina, child support automatically ends when a child turns 18, becomes emancipated, or joins the military. However, you and your spouse may agree that child support should continue past the age of 18. This may be especially necessary if your child is attending college. Both parents may agree that child support should continue throughout their college years in order to ensure that they have enough funds to cover tuition.

But that is just one example of how child support can be altered during the collaborative law process. Both parents might agree that the children deserve more money each month than would otherwise be required by the courts in North Carolina. In addition, you may decide that certain expenses that are not considered “essential” by the courts should be covered by child support. These kinds of decisions may be especially helpful if your child is engaged in expensive extra-curricular activities, such as ice hockey or horseback riding.

In order for these decisions to be legally enforceable, they must be detailed in your separation agreement. This document must then be brought before a judge. When it comes to matters related to children, a judge may decide to deny certain agreements if they feel that the children’s best interests are not being met. For example, if the parents have agreed on a child support amount that is far too low to support the children’s basic needs, they may invalidate the agreement. On the other hand, they are unlikely to invalidate an agreement that gives children more or longer-lasting child support. Ultimately, your divorce attorney will help you draft an effective agreement that has a high chance of being approved by the family courts in North Carolina.

If you have been searching for a collaborative divorce attorney in North Carolina, look no further than Arnold & Smith, PLLC. We know that child support is a delicate subject, and we are ready to help you approach this undertaking with a measure of dignity, efficiency, and care. No two families are alike, so there is no reason to follow a universal formula when figuring out matters related to child support. Book your consultation today, and you can handle not only child support, but also virtually every other aspect of your separation through a collaborative divorce. This is one of the best ways to maintain control over this process, ensuring that you are doing what is best for your family. Book your consultation today to learn more.