The role children can play in divorce decisions
Most of us feel that children are the most important assets in our lives. They represent our love, our future, and for many of us, our greatest achievement. We want to protect them in every way, and their happiness, health, and education are our main concerns. So how can children help us make divorce decisions that specifically relate to them?
listen to your children
Almost any teacher or psychologist will tell you that one of the most important things you can do with your child is to listen. Children can tell us what they want and need, we just need to ask and then listen to their answer. Even the youngest children may be able to express their wishes. Of course, the age of the child is a deciding factor in how much information a child can provide in court. In California, most courts accept 14 as the age that a child can come to court (provided the court has decided it is in the best interest of the child) to express preferences regarding custody and visitation. .
make a parenting plan
Making a parenting plan is a good way to make decisions related to children. Parents work together on the plan and may want to include their children, when and if appropriate. The plan must include Legal Custody, Physical Custody, and Parenting Time (shared time or visitation); You must specify whether legal and physical custody is joint (both parents share responsibilities) or sole (one parent has full responsibility). Doing it on your own is great if you can both agree on the issues, but if you can’t, an experienced mediator can help you resolve any disagreements about custody, child care, and support in an atmosphere that is supportive of love. and family commitment.
child support
Federal tax regulations are very clear when it comes to child support and taxes. For federal income tax purposes, child support is always tax free. This means that neither the custodial parent receiving the child support payments, nor the child, owe tax on those payments. As for the non-custodial parent making those child support payments, they are not classified as tax deductible. A very important consideration for custodial parents is to make sure that those monthly payments are specifically designated as “child support” in the final divorce agreement, also known as a marital separation agreement (MSA). Child support payments must be completely separate from spousal support payments and not lumped together as “family support.” This is an important step to take for an important reason: while child support is tax deductible, spousal support is considered income and is taxable. The final agreement between the parents should be very clear in identifying which payments are for child support and which are for spousal support, so that custodial parents do not experience unnecessary tax burdens.