Although child support and child custody may seem intrinsically related, to some extent the two issues have had limited influence on one another in Michigan. For example, as a parent you cannot stop paying child support because you have been unable to see your child — and even if you don't want parenting time with your child, you will still be required to pay child support.
However, with the release of new child support guidelines in October of 2008, the issues of custody and support have become more closely intertwined. Under the new guidelines, the amount of time each parent spends with a child has a direct effect on that parent's potential child support obligation. In essence, the more time a parent spends with a child, the lower his or her child support obligations will be.
There are several good reasons for this change, but the new developments also raise concerns, as these new guidelines are likely to produce unintended consequences. Accordingly, parents must be particularly cautious and exceptionally self-aware when resolving child custody disputes.
These changes are generally more equitable, but produce complicated financial incentives that may not support the best interests of children.
Generally, the recent changes to the child support guidelines are positive. The new guidelines reflect the present-day reality of parenting arrangements. In many cases after parents separate, both continue to play a significant role in the lives of their shared children.
When one parent spends time with a child, that parent will contribute directly to the child's expenses, covering daily needs such as food, shelter and utilities. As the amount of time increases, the direct contributions increase — and the direct contributions of the other parent for these expenses decrease. In the interests of fairness, these contributions should be considered when ultimately establishing child support levels.
Unfortunately though, by tying child support levels directly to parenting time, the new guidelines create perverse financial incentives. A parent who wants to reduce child support payments may fight for more parenting time — even if the parent doesn't have time to spend with the children. A parent seeking to increase child support payments may attempt to block the other parent's access to the children. These actions are rarely in the best interests of the children.
In light of these changes, it is particularly important to focus on the best interests of children whenever resolving parenting time disputes.
As a parent involved in a custody dispute, it is important to focus on the best interests of the children involved — looking beyond the newly-created financial incentives.
Children benefit from having stable, supportive and loving adults in their lives. When feasible, your children deserve any benefits of a parent-child relationship that may be available from a second parent. This relationship is more valuable than money — and should not be sacrificed in the interest of increasing or decreasing child support payments. Parenting time arrangements should be based upon the time that each parent can actually spend with the children rather than attempts to manipulate support obligations.
Additionally, children benefit from not having to choose sides in custody disputes. Putting children in the middle of bitter fights over parenting time arrangements can cause untold psychological damage and create long-lasting emotional scars. Accordingly, the best parenting time arrangements are generally reached through negotiation or mediation. Both of these dispute resolution methods require parents to work together to generate parenting time schedules, which can reduce the likelihood of children being caught between warring parents.
To truly ensure that a child's best interests are protected during a child custody dispute, it is essential that both parents are aware of their personal motivations throughout the process. If you are trying to limit your child's access to the other parent, make sure you understand the reasons and the potential consequences. Are you worrying about the well-being of your children, or are you trying to punish the other parent for past misdeeds? Are you pushing for more time with your children to reduce your child support obligation, or because you really have the time and energy to devote to their upbringing?
Custody disputes can be maddening for concerned parents. During a custody dispute, you will not have full control over your children's lives, and you will have to make compromises with someone you may distrust or dislike. You must work with someone who may be more concerned about money than your children's interests. Ultimately, the only things you control absolutely are your own actions. By committing to take only those actions that are in your children's best interests, you are taking an important step toward reaching positive and favorable results.
Article provided by Timothy R. Ash & Associates, PC. Please visit our Web site at www.toughlitigator.com.