Position Children Can Play in Divorce Decisions


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Most of us really feel that children are an important assets in our lives. They represent our love, our future, and to many of us our highest achievement. We wish to protect them in all ways, and their happiness, health, and schooling are primary concerns. So how can children assist us in make divorce selections that relate specifically to them?

Listen to Your Children

Almost any teacher or psychologist will tell you that probably the most necessary things you are able to do with your child is to listen to them. Children can tell us what they need and want, we just have to ask and then listen to their response. Even youthful children could be capable of expressing their desires. After all, the age of the child is a deciding factor as to how much input a child can provide in court. In California, most courts settle for age 14 because the age when a child can address the court (provided the court has decided it is in the child’s finest curiosity), to express their preferences concerning custody and visitation.

Make a Parenting Plan

Making a parenting plan is an efficient way to make choices regarding children. Parents work on the plan together and will want to embrace their children, when and if appropriate. The plan should embody Legal Custody, Physical Custody and Parenting Time (time-share or visitation); It should specify if authorized and physical custody is joint (each parents share responsibilities) or sole (one dad or mum has all responsibility). Making it in your own is great in case you can each agree on the problems, but if you can’t, an skilled mediator may also help you resolve any disagreements about custody, child care and support, in an atmosphere that helps love and a commitment to family.

Child Help

Federal tax regulations are very clear when it involves child assist and taxes. For federal earnings tax purposes, child support is always tax-free. This implies that neither the custodial mother or father who receives child assist payments, nor the child, owes any taxes on those payments. As for the non-custodial mum or dad who makes those child help payments, they don’t seem to be labeled as tax-deductible. One essential consideration for custodial mother and father is to make positive that those month-to-month payments are specifically designated as “child assist” in the ultimate divorce agreement, also known as marital separation agreement (MSA). Child help payments should be utterly separated from spousal help payments and not lumped together as “family assist”. This is a crucial step to comply with for one main reason: while child help is tax-deductible, spousal help is considered revenue and taxable. The final agreement between dad and mom needs to be very clear on figuring out which payments are for child assist and which ones are for spousal help, so that custodial parents do not experience pointless tax burdens.

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