One of the most difficult things about a divorce is deciding the custody and child support issues. This is the part of the process where emotions run high, and arguments may start.
Fortunately, Louisiana law is very clear on these subjects.
Child custody
The first issue is who has custody of the child. One of the major factors is what is in the child’s best interests. If both parents agree and it is safe, the courts usually decide in favor of the agreement as long as no abuse exists and it is in the child’s best interest.
If the parents do not agree, then the courts consider various factors:
- Ability to support the child financially, emotionally, academically and materially
- Length of time the child has a stable environment and their desire
- Emotional ties between each parent and their child
Each of these factors is very important.
Child support
Child support is clearer than custody. There are three factors that the courts consider when calculating child support. These are:
- Income share – the amount of support dedicated to the child
- Extraordinary medical deduction – a contribution to high medical costs.
- Childcare deduction – an amount to pay for childcare
Louisianna uses an income share method for child support. They take gross combined income and determine the percentage of the non-custodial parent’s income over the custodial parent’s income. Different circumstances might come into play, but this is a standard formulation.
Ultimately the questions of child custody and support always come down to what benefits the child or children most.