Serious legal question?

Question

If my parents are getting a divorce and one of them decides that the other one should be in charge of taking care of the kids in all aspects (mainly financially) is there any law against that?

How are expenses separated between the two concerning the kids and just which expenses are taken into account? ie. is university taken into account?

Also if one is threatening to move back to the home country to elude all responsibility is there anything that can be done while he is still in the country to prevent him from moving or to obligate him to pay his dues?

Please answer seriously I really need help on this subject.

Answer 1

First of all, a lot of the answers depend in which state your parents are getting divorced because the laws vary widely.

That said, the courts generally divide the responsibility with regard to the kids by what is in the best interest of the children. Of course, not all people agree with what the Court does.

What generally happens is that the parent who has the most time, or is emotionally closest to the children, is awarded custody, and visitation rights are awarded to the non-custodial parent. The non-custodial parent (who generally has the best income) is obligated to pay child support. However, child support never covers the whole cost of taking care of children, so the custodial parent is obligated to pay also, even though it is not counted in dollars. Things like buying books, clothes, food, groceries, cleaning supplies all go to support the children. The parent paying support can always say, "I pay $_____," whereas the custodial parent can't put a figure in. However, believe me, the custodial does support the children.

Whether or not University is included depends on the laws of the state. In some states, the law provides that support is to be paid as long as the child is a full time college student. Other states end it at age 18, period. No state that I am aware of requires parents to pay for university.

The only parent who has some limitations on movement is the custodial parent. Normally, they have to obtain the Court's permission to permanently move because of the children. The non-custodial parent is free to move, but not free to avoid financial obligations. Since the financial obligations are orders of the Court, disobeying a court order can result in a contempt citation which could result in the person who disobeyed going to jail. If that person is across state lines, a fugitive warrant will be issued for his arrest and extradition.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 2

The parents cannot agree, before the divorce, as to the custody of the child(ren). The court makes that determination, in loco parentis. Secondary education (college studies) are NOT taken into account by the court, and MAY be agreed upon by the parents. In the USA, most courts have a chart that determines child support payments upon the income of the non-custodial parent.
If a parent runs to another country, the PKPA (Parental Kidnapping Prevention Act) and the Hague Convention give jurisdiction to the USA - where the child is Habitually Resident. If the country that the parent runs to is NOT a signatory to the Hague Convention, other treaties may be used to extend jurisdiction of US courts over that parent.

Answer 3

the parent that gets custody will receive support from the otherr parent. Each state is different in the amount that will be awarded. Usually it is about 25% of thier income.