Custody and Child / Spousal Support 

Custody.  Child custody issues must be handled with utmost care and attention to the best interests of the children.  In addition to determining legal and physical custody, parents need a "parenting plan," which includes a custody schedule and may include many other details, such as exchange locations, and right of first refusal, which allows the other parent to care for the children if the custodial parent is unavailable.  It is generally best to resolve custody disputes outside of court.  However, when there are safety issues, the court's involvement may be necessary.  Custody disputes can continue to arise after divorce or separation, including when one parent seeks to move away with the child.  

Child support.  The Family Code sets forth a formula for calculating  child support  based upon the parents's incomes, tax deductions, and timeshare with their children.  However, parents can agree to a different child support amount that meets the needs of their children.  Issues can arise over equity and bonus compensation, small business income, family gifts, and unemployed or under-employed parents.  When income or timeshare changes, child support orders can be modified, in most cases.  Unpaid child support accrues interest at 10% per year, and there is no statute of limitations on enforcement.  Ms. Ashcraft is experienced in handling all of these issues.  

Spousal support.  Spousal support is often one of the thorniest issues in a divorce.  We will work with you to find a solution that considers all relevant factors, including the marital standard of living, and the income, earning capacity and needs of each party.  Sometimes it's preferable for the higher earner to make a lump sum buyout payment in lieu of ongoing support payments.  Other potential issues we handle include post-judgment modification or termination of spousal support, based upon changed circumstances.