Getting Child Custody

Getting Away From the Best Interests of the Child - Standard in Determining Child Support

Posted on May 28, 2009
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Getting Away From the Best Interests of the Child - Standard in Determining Child Support

Obviously, child support was developed for the best interests of the child or the children of a relationship between to consenting adults. According to Los Angeles divorce attorneys, courts can consider several factors in determining child support. First, the court can consider the child's wishes. Second, the court can consider, the parents' wishes. Third, the court can consider the relationship of the child to the other siblings in the house in determining child support. Finally, the court can take into consideration the mental health and physical health of the child. Obviously, these are all subjective determinations.

Given the fact that the court has a whole host of issues and considerations within his or her discretion, there is an argument for the family law system to arrive at a more objective standard. Specifically, state legislatures need to devise a better and more fact intensive objective analysis for the determination of child support and child visitation.

California follows the Uniform Marriage and Divorce Act. According to proponents of this bill, California discourages the best interests of the children standard because it is not objective. California tries to minimize litigation by discouraging wide discretion with the court with the adoption of the Uniform Marriage and Divorce Act. Indeed, according to the legislators, this decreases the incentive for costly litigation. Obviously, the goal of child support is to place the child's interests in the best light. Therefore, child support, according to California law should be a top priority. Clearly, California is headed in the right direction by encouraging a more objective standard in determining child support. Having said that, however, adoption of the Uniform Marriage and Divorce Act is clearly not good enough because there is still subjective criteria within the discretion of the court. The question becomes whether there will ever be a law that can objectively help families determine what is in the best interests of the child or the children.