Child Custody and Support Frequently Asked Questions
1. What is child support?
Child support is a payment by one parent (often the "non-custodial parent") to the other parent for the support of their common child.
2. What is the difference between legal custody and physical custody?
Legal custody involves the parents' roles in deciding certain major issues that pertain to their children; i.e. education, religion and medical treatment. For example, if the mother and father are awarded joint legal custody, then all decisions pertaining to the children's education, religion, and medical treatment must first be discussed and agreed upon between the mother and father before any action is taken.
If they are unable to agree, then the court may need to get involved. If one of the parents had sole legal custody, then that parent would be allowed to make these decisions without first discussing them with the other parent. Physical custody is where the children actually reside, where they live most of the time. The parent that is awarded physical custody is called the "custodial parent."
3. How is child support calculated?
The non-custodial parent pays child support to the custodial parent, usually weekly, either voluntarily or by a wage garnishment. The amount of child support to be paid by the non-custodial parent is determined with the use of child support guidelines established and published by the Connecticut legislature. It is a formula that utilizes the combined net income of the parents.
Although the child support guidelines establish the amount of child support that is to be paid by the non-custodial parent, there are certain circumstances which give the court the ability to deviate from the guideline support figure.
4. What is a "Parenting Plan"?
A parenting plan is typically a schedule providing the child(ren) with access to each parent or caregiver. Some parenting plans are very specific with days and times, including the person or persons responsible to transport the child(ren) to and from the other parent. Other parenting plans can be very broad and flexible requiring the parents to cooperate and communicate more frequently to mutually agree upon when the child(ren) will have access with each parent. Whether the parents come to an agreement on the parenting plan or the court is needed to decide, the focus must always be what is best suited for the child(ren).
