Child Support/Custody Flashcards

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1
Q

Parents Obligations

A

parents have equal responsibility under the circumstances
- obligations are paid on the child support needs not parents ability to pay

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2
Q

Duration of Child Support

A

Until 18 (age of majority)
- may also be extended through college or if they have a disability

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3
Q

Non-marital Children

A

Historically, they were entitled to child support
Currently, cant be denied benefits based on marital status (establish paternity before dad dies)

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4
Q

When non marital kids become marital

A

if the parents marry after the birth of non marital child, father consents to name of birth certificate, father holds himself out to be father, judicial decree

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5
Q

Obligation to Pay child support end?

A

until reaches the age of majority, or emanciapted.
- can continue through college or indefinitely if the child has some disaility

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6
Q

When can husband pay child support for wife’s child even if he is not biological father?

A
  • There is representation by the husband that he would provide for his child
  • wife relied on it
  • wife suffered economic detriment as result of reliance
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7
Q

Evidence to determine paternity

A

Blood Test, Prior Statements regarding paternity, medical testimony, defendants knowledge of paternity, some state may rely on resemblance

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8
Q

When can court deviate from child support

A

circumstances warrant deviation, finding explaining the decsion, and amount that should be awarded.

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9
Q

Modifcation

A

substantial change in circumstances about the child’s needs or parents $$ situation.
- situation must be continuing rather than temporary

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10
Q

When may a child become emancipated

A

minor child is self supporting and beyond sphere for influence of parents

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11
Q

Who has Jurisdiction to modify child support order

A

state court with continuing jurisdiction
- another state may not modify rendered by a court of continuing jurisdiction unless the parties including the child no longer reside ni the state

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12
Q

Enforcement of child support and spousal

A

civil contempt, income withholding, withholding of tax refunds

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13
Q

Custody arrangement favored by the court?

A

Presumption of Child custody
- doesn’t require it but favors

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14
Q

Weight given to parents decision regarding their children

A

fit parent has the controlling authority and must give weight if they dont want the non parent to visit

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15
Q

when may a father be prevented from objecting to adoption

A

if the father does not demonstrate commitment to responsibilities of parenthood

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16
Q

Purpose of adoption registries

A

determine the identity and location of putative father and give notice

17
Q

retroactive child support modification

A

occur while cause of action is pending
- States can’t retroactive modify child support before the date of service of process

18
Q

Prospective modificatioin

A
19
Q

what is child custody?

A

custody of child, determined by the court, that consist of legal an/or physical custody

20
Q

What are the types of custody

A

legal custody allows you to make decision for the child

physical custody is the right of the child to reside with the parents

joint custody (favored) shared legal and or physical custody

21
Q

What is the standard to determine child custody

A

The best interest and welfare of the child.

There is a presumption that the natural parent is in the best interest of the child unless deemed unfit

22
Q

What are the factors to determine best interest of the child?

A

wishes of the child, which parents acts as primary caretaker, any domestic violence, opinion of guardian ad item

cant consider race or religion or in most state sexual conduct of parents

23
Q

What is de facto parent?

A

A parent that the child has lived with for several years, can be used to rebut presumption that natural parent is fit if the natural parent has little or no contact with cild or is unfit

24
Q

Modification for Child Custody

A

substantial and unforeseen circumstances

failure to pay child support is not basis to modify

25
Q

Time limit on modification

A

some court require a waiting period before modification can be considered

26
Q

What is presumption for vistation?

A

rebuttable presumption that noncustodial parent should be granted reasonable vistation with child

denial only allowed if eddanger child mental, physical or emotional health

27
Q

How to modify vistation?

A

substantial and unforeseen change in circumstances

28
Q

Can fit parent deny right to fit parent?

A

yes

29
Q

What are unwed biological fathers rights?

A

due process right to have contact with his child if he demonstrates commitment to responsibilities