The parties in Vranich v. Vranich needed to verify when the couple separated in order to determine the rights and obligations of each party under the Family Law Act. Erika and Darko Vranich married in 1975. They separated and reconciled several times after 2004, leaving a question as to what date should be used as the couple’s valuation for their divorce proceedings. At question was whether the couple was attempting reconciliation after April 2006. Darko claimed that the couple was working on getting back together in October 2006 until he finally moved out of the home. Darko indicated that after April 2006, there truly was no reconciliation or a chance that it could have worked out.
Erika claimed that in October 2006, during the death of Darko’s father, the couple was, in fact, back together and that Darko bought clothing for her and a $5,000 jewelry gift certificate. After weighing the couple’s social, sexual and cohabitation behaviors, the justice in the case ruled that the couple lived together but were apart after April 28, 2006, with no indication or chance that they would reconcile. Therefore, for financial and other purposes, that would be deemed the separation date for valuation purposes.
Child Custody
If one parent is ordered custody of a child or children in a divorce proceeding, that parent may request that the other parent pay child support payments on a regular basis to help support the children. When an order is made for one spouse to pay child support, that spouse is required by law to make such payments in a timely manner.
Child Support Amounts and Visitation
When determining how much a parent should pay in child support, the court uses a table referred to as the Child Support Guidelines. The earnings and assets of the paying parent are considered to determine how much the monthly payment should be. In certain circumstances, a party may be required to pay more than the amount set forth in the child support guidelines but rarely is a parent allowed to pay less.
Another primary aspect of a separation or child custody agreement is that of child visitation rights. When parents are allotted full, primary or joint custody of a child, the other parent is typically allowed to have visitation rights either on weekends, holidays or special days. Child visitation rights are again outlined by the court.