Swati Jindal Garg & Associates
Frequently Asked Question (FAQ's) On Family Law
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How does the court determine child custody?
There are many different factors which are taken into consideration when the court makes a decision about the custody of your children such as living situation, proximity to other family and schools, and income of each parent. First and foremost, a judge will determine a custody arrangement that best fits the child’s best interests.
This means that unless there are extreme circumstances that warrant a need for the child to be separated from one parent, a judge will typically favor joint custody arrangements. These circumstances can include any history of abuse, drug or alcohol use, and mental or physical health issues. The bottom line is that your children’s interests are always protected.
How does the court determine child support?
In the same thread as child custody, child support is typically determined to protect the best interests of the child. Judges will weigh a number of factors, namely the ability of one parent to support the child and the financial status of the other. Additional factors that will be considered include any special education needs of the child, the physical or mental health of the child or either parent, and the credentials or ability of the recipient to obtain work.
How can I enforce child support?
If a noncustodial parent falls behind on child support payments, you do have options for enforcing it, but they must be carried out through the court. The court can use various methods to collect any back child support payments. These methods can include income withholding, wage garnishment, interception of tax refunds, liens or attachments to property. Additionally, a court can take punitive actions if these methods are unsuccessful which include license suspension, passport denial, and even possible jail time.
Should I put together a prenuptial agreement?
It is the personal choice of you and your spouse if you would like to draft a prenuptial agreement, but it can be very beneficial to put down the terms of what will happen to your assets, property, or children should you ever divorce
How long does the divorce process take?
Every divorce case takes a different length of time, depending on the unique circumstances. This will likely depend on how many issues are contested and how quickly you and your spouse can come to agreements. The most common factors that affect the length of the process include the ability for you to cooperate with your spouse, honesty about existing assets, openness to negotiations, and willingness to make sacrifices. Stubbornness, evasion, and animosity can hurt the process and cost more time and more money.