Personal Representation
From Experienced Charleston Family Law Attorneys

Seeking child support during divorce proceedings

On Behalf of | Aug 24, 2022 | Child Custody

West Virginia family law courts review many items to make child custody and support decisions. Expect the judge to examine both parents’ financial situation, especially when the parents are engaged in a drawn-out custody battle. A child needs a safe and loving home, and how much one parent earns might not be the primary deciding factor. However, living in a financially stable environment may be in the child’s best interest.

Child custody and financial matters

It is worth noting that the court looks at many things when ruling on sole or joint custody decisions. A parent who earns substantially more than the other parent should not assume the court will give preference to the higher earner. After all, someone of substantial means might still be a neglectful parent. Or, the job requirements of a high earner may detract from the ability to provide proper supervision and care.

Sometimes, children may be better off remaining in the same school and engaging in the same activities even when their parents break up. Moving to live with a higher-earning parent could undermine such stability.

Sadly, some marriages dissolve when a spouse suffers from alcohol or drug dependency. Spouses could also be abusive, creating dangers to the children. The court doubtfully wants the child exposed to such harm.

Support and financial stability

Determinations about support could become a critical focus during child custody battles. The court may award physical and legal custody to a parent with limited earning potential while mandating the noncustodial parent pay a set amount of child support. The support payments are intended to cover various costs necessary for the young one’s care.

Child support payments could establish the financial security required to raise a young one. One parent might seek an appropriate amount based on legitimate costs.