Spanish and Arabic translation available | 

Who is the Non-Custodial Parent After a Divorce?

When parents go through a divorce, their life changes as well as the lives of their children. During this time, they are required to settle future arrangements that the children can move on with their lives as smoothly as possible. This includes determining child custody and child support. When custody is arranged, it establishes a child’s custodial and non-custodial parent. While the custodial parent is the one the child spends the majority of their time with, the non-custodial parent is involved in their life as well.

Child Custody

Custody arrangements can allow a parent to obtain physical and legal custody of their child. Physical custody determines a child’s custodial parent, which makes the other parent the non-custodial parent. While the child does not live with this parent full time, they still spend time in their home. The amount of time can be designated during the divorce proceedings.

It is important to know that even if a parent does not have physical custody, they can still obtain legal custody. This type of custody is in regard to a different part of the child’s life. With it, a parent is allowed to have influence over the decisions that are made about the child’s upbringing. This can include issues such as healthcare, education, religion, relocation, their well-being, and more.

Child Support

When a parent is the child’s custodial parent, they are required to provide them with a stable upbringing. This includes a home, food, clothes, an education, and more. Often times, the cost of living for a child can become very expensive and difficult for one parent to manage on their own. It is because of this that the non-custodial parent has their own responsibility to financially support their child. This is done through child support payments that are made from the non-custodial parent to the custodial parent to help with these costs. Through this, the child can maintain the same standard of living they were used to before the divorce. 

The amount that is owed in support payments is determined by a judge. This is done by following the New Jersey Child Support Guidelines. In addition to this, the judge considers several different factors relating to the needs of the child and the family’s personal situation. This allows the judge to know what the family can afford to provide stability.

Can these Arrangements Change?

Family law decisions are made based upon what is in the best interest of the child at the time of the divorce. However, the life of a family usually changes over time. Sometimes, these changes may cause the custody or support arrangements to no longer work for a family. When this happens, New Jersey courts allow for modifications to be made. These adjustments can make sure the settlements better suit the family’s new situation. It is important to know that to receive a modification, it must be proven that the change is significant and ongoing.

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.