If there is one thing an attorney learns in years of cases in Family Court, it is that when it comes to the parties involved, all divorces are just different degrees of tough. Some divorces are downright nasty and contentious, while others can be amicable. Don’t kid yourself though; even an “amicable” divorce is tough on all parties. After all, it is difficult for a person to admit that he or she has irreconcilable differences with his or her spouse or partner. The stresses that come with this can be overwhelming, Naturally, it is best when both parties can show one another some kindness and respect as attorneys and the Court work toward a resolution.
The Court is, after all, where the reality of a divorce visits itself upon the participants, especially as it pertains to Child Support and Child Custody. One piece that those involved in a divorce, or anyone involved in a matter pertaining to Child Custody or Support, must understand is that it is the responsibility of the Court to always rule in the best interest of the child. The Court takes this very seriously. This means that, though you may have a verbal agreement with your ex regarding support payments, the Court may see things very differently. It is at this point where you will find out how good your family law attorney really is.
In Delaware, the Court will generally make determinations regarding child support according to a child support worksheet based on the Melson formula, a calculation that takes into account a base allowance for each parent and then calculates support based on a number of variables including the income of each party. It is the responsibility of a seasoned attorney to recognize irregularities or omissions which may prove unfair to a client over time. Remember, the decision that comes from the court will determine how much child support you owe or are owed until the child is 18 years old (or 19 if the child is still enrolled in high school). Accordingly, it is critical that you take every opportunity to properly evaluate your options when it comes to your legal representation in Family Court.