Legal Memorandum on the Dissolution of Marriage

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Legal Memorandum

Topic

Dissolution of marriage including child support and custody issues

Facts

Forest and Olive Green have decided to obtain a dissolution of marriage, after twenty years of marriage. She and Mr. Green have already had several arguments concerning child support arrangements for their children Kelly Green, age 14, and Moss Green, age 10. Mrs. Green thinks that it would be best for the children if she and Mr. Green had joint custody of the children. Along with this, Mrs. Green wants to be able to receive child support from Mr. Green because due to her lack of job experience she thinks it is unlikely that she can find a job that will support herself and the children. Mr. Green who is a corporate executive who has an annual income of $75, 000 recently decided that he wants to give up his current job and take a job as a park ranger with the Kentucky Park Service. He claims that his current job is too stressful and is causing him constant health problems, including headaches and insomnia. Mrs. Green does not believe that his choice to change jobs is health-related. She, however, is worried that if Mr. Green quits his current job and takes a job with less income, it will affect the amount of child support that he would have to pay.

Issue(s)

Can Mrs. Green receive child support for her children even though she and Mr. Green would share joint custody of the children? If Mr. Green takes a job, earning less income due to claims of health problems, will he still be required to pay child support? If so, will it decrease the amount Mr. Green will be obligated to pay?

Evaluation

Mrs. Green should be able to receive child support for her children even though she and Mr. Green would share joint cus...

... middle of paper ...

...ort would be issued against him.

In conclusion, nothing stated above favorable to Mrs. Green or Mr. Green is bound to the courts. In determining child custody and child support for the parties involved, the courts will use their discretion in determining what is in the best interest of the children (Kelly Green, age 14, and Moss Green, age 10) involved. The court should evaluate Kelly's opinion concerning custody in deciding what's best for both children. Also, the court will study Mr. Green's employment status and history, as well as Mrs. Green's, in determining the child support order. All in all, the court will use its discretion in weighing all of the facts pertaining to this situation and rule in favor of the children's best interest. Thus, in the situation at hand, the courts can rule in favor to Mr. Green or Mrs. Green or a combination of the two.

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