CustodyCustody and Child Support
Child support is determined by a formula into which is put each parent’s income and child-related expenses. The absolute minimum per child is only $50 a month. The formula is rarely deviated from, and can be found at http://hawaii.gov/jud/childpp.htm.
Exceptional circumstances can justify deviation from the guidelines, but they are limited and do not include, for instance, a parent having new children in a new marriage or a new spouse who needs support. A high-earning parent might qualify for deviation from the guidelines.
A child support order is never final and a parent can file for adjustment whenever there is a significant change in income (up or down, for either parent).
Child custody is always determined by the best interests of the child. The best interests of the child will depend on all the circumstances. A young child will have different needs than an older one. The Family Court is involved and up-to-date on research for each age group and also considers the individual facts and circumstances.
If there has been family violence, the presumption is against the perpetrator. If you are alleging family violence or have been accused of it, special care is needed.
A common concern is whether a parent can move out of state with the child after divorce. The answer is, “Maybe.” If the parent moving is the custodial parent and this is in the child’s best interests, there is a good possibility it will be allowed. The other parent has the right to object even though the other has custody.
***This is a very basic outline of child support and custody. There are also issues between unmarried partners, of child support governed by Hawaii’s Uniform Parentage Act, of separation agreements governing child support, Hawai‘i's Uniform Child Custody Jurisdiction Act (Haw. Rev. Stat. Chapter 583), Parental Kidnapping Act of 1980, and more.
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