Types of Family Law

There are three types of family law (or child support) for the purpose of determining the division of assets and liabilities. Each has a distinct purpose. The first is a standard classification of property and the amount due. The second is for determining the location of assets and liabilities.

Types of Family Law

The first category of property division is known as the nondiscretionary disposition. Under this classification, the assets and liabilities of the party do not directly affect the consideration of another party. Instead, each spouse is entitled to a discretionary split of the property.

Spousal Support

The next category of property division is called Spousal Support. The first spouse (the non-custodial parent) is granted a two-tiered determination of support. The first level is the distribution of monetary compensation for emotional, physical, and financial support for the minor child. The second level is the division of property.

Property Division

The third category of property division is known as the Property Division. The party with the primary residence is given a single-tiered determination of the division of assets and liabilities. The rest of the property and liabilities will be divided among the non-custodial parent.

Child Support

Child support is a matter of discretionary discretion. The non-custodial parent can determine the amount due.

Child support is a matter of property division. The non-custodial parent is given the first-level option. For the parent of the child to receive a share of the property or for the parent to be deprived of a share of the property, the agreement must first be approved by the court.

Spousal support is a matter of property division. The primary party is given the second-level option. For the non-custodial parent to receive a share of the property or for the non-custodial parent to be deprived of a share of the property, the agreement must first be approved by the court.

The agreement (or the proposed order) must include the payment schedule. The schedule must contain all the information that the court requires to complete the determination of the property and liability. When the court approves the agreement, the court must then state its approval in writing.

The divorce decree will provide that the parties will share the distribution of support and property (and probably some child support as well). (If the agreement includes a recovery for child support, the divorce decree will also include a release to satisfy this obligation.) Each party will also receive what the court deems an equitable distribution of property.

The laws governing Spousal Support and Child Support also recognize provisions that are more complex. A court may order the property to be sold in a complex fashion, or it may go on a further as of yet undefined schedule.

If a child support order is issued, then a party can also have the court issue a property division order. This property division order will also include provisions for the allocation of the property. The child support payment will be the same as the spousal support payment.