Family Law- Child support Flashcards
What are the three basic principles guiding child support?
1) both parents have a fundamental obligation to support their children
2) the combined salary, as if the family was intact, is what is important
3) Desire to minimize litigation
What are the three public policy principles guiding the child support process?
1) Parents have a fundamental obligation to support their children
2) The combined income (both parents) is what is important (as if the family was intact)
3) Minimize litigation
When does the duty of child support ends?
1) most states: 18
2) 19 if still in high school
3) maybe longer if child has discapacities
4) can be extended through college
How does the court gain personal jurisdiction over an out-of-state parent to establish child support?
Long arm provision of the Uniform Interstate Family Support Act (UIFSA) states that a court can have personal jurisdiction if one of the following occurs:
1) Parent receives personal summons service
2) Parent consent to jurisdiction by appearing
3) past residency with the child in that state
4) defendant directed the child to live in that state
5) Defendant engaged in conception acts in that state
6) Defendant registered in the putative father registry and asserted paternity
What items will the court consider to establish child support?
Wages
dividends
capital gains
rental income
retirement benefits
social security income
How will the court calculate child support?
The income shares model is the one used in most states:
add both incomes
determine the amount of child support based on the total income
allocate responsibility respective to each person’s net income.
example 10: If mom 1 makes 2/3 of the total combined income and mom 2
makes 1/3 of the total combined income, then mom 1 would be responsible for
2/3 of the child support obligation and mom 2 would be responsible for 1/3 of
the child support obligation
How to calculate child support using the percentage of income model?
-Uses the percentage of the NON-custodial parent’s income
-Determined by the number of children being supported.
Besides the income, what other considerations can the court take?
Age of the child
unusual needs (special ed)
Support obligations of the parties
medical expenses
assets
Relative standard of living
duration of the marriage
BUT the most important is “What’s in the best interest of the child”
Can child support be modified?
Yes. If there is a substantial change in the circumstances warranting upward or downward modification.
Substantial change is calculated as 10% change or more in the amount owed.
Example 11: Mom 1 owes $1,500 per month to Mom 2. Mom 1 loses her job
or experiences a decrease in health. Mom 1 calculates that she now owes
$1,000 per month, based on her new income. This is more than a 10% change
in what she owed. The courts would deem that, in most jurisdictions, to be a
substantial change.
When will the modification take effect?
At the time of the request.
When does the obligation of paying child support ends?
1) automatically when child turns 18
2) Court might order continuing child support if:
Kid is 19 and still in high school, cannot support himself due to disability or, goes to college.
3) child support can be terminated if:
kid gets married
When does the obligation of paying child support ends?
1) automatically when child turns 18
2) Court might order continuing child support if:
Kid is 19 and still in high school, cannot support himself due to disability or, goes to college.
3) child support can be terminated if:
kid gets married, emancipation, termination of parental rights, death of the child, death of the payor parent
Which court has the jurisdiction to modify child support?
The only way to move jurisdictions are:
Agreement of both parties
neither party nor the child lives in the court of continuing jurisdiction
If neither of the 2 applies the court cannot modify a support order given by the court with continuing jurisdiction.
How can a court enforce chiod support awards?
Issue a contempt order (for not abiding to a court order)
garnish wages
withhold taxes
Intercept tax refunds
suspend driver’s license
suspend professional licenses
report to credit bureau
seize property or assets
order insurance bonds
order to pay attorney’s fees of the other side
order a job search
seize passport
How can I enforce a child support order in another state?
Under the Uniform Interstate Family Support Act which is adopted by every state.
You must register the child support order in the new state
Only the original state can modify.
