Child Support

Question 0

Specific liability for parents

Answer 0

care
maintenance
education
fair and reasonable sum according to their means

Question 1

Liability of Parents for support in general

Answer 1

parents liable for support of children under 21 unless
child is 18 and emancipated or
child is financially independent

Question 2

What will a courts decree of child support award?

Answer 2

make provision for education and maintenance of child out of the property of either or both parents

child has a right to the most adequate level of economic support that can be provided by the best efforts of both parents

actual support will be determined by statutory formula

Question 3

CPI

Answer 3

Combined Parental Income

sum of the income of both parents

Question 4

Sources of income considered in CPI

Answer 4

gross income
investment income
other income including employment benefits, pensions, fellowships, stipends, gifts, public assistance, etc.

Question 5

Deductions from Income

Answer 5

maintenance paid to prior spouse
alimony paid to present spouse
child support paid to child of prior marriage

Question 6

CPI Cap Amount

Answer 6

$141,000

Question 7

% of CPI for support of 1-5 Children

Answer 7

1 - 17%
2 - 25%
3 - 29%
4 - 31%
5+ - 35%

Amount calculated is prorated in proportion to each parents income contributed to the CPI

Question 8

What if income exceeds the cap?

Answer 8

Apply appropriate percentage to excess or
uses factors to determine a
just and appropriate support obligation

Question 9

Factors considered in a just and appropriate child support obligation

Answer 9

1. financial resources of each parent and each child
2. determination one parent has substantially less income than other
3. standard of living of child
4. non monetary contributions to the child’s care and wellbeing
5. physical and emotional health of child, including special needs
6. educational needs of each parent
7. tax consequences
8. needs of children of non-custodial parent, not subject to present action, and receiving support from non-custodial parent
9. extraordinary expenses of non-custodial parent exercising visitation where child is not on public assistance
10. any other relevant factors

Question 10

Stepparents liability for child support

Answer 10

not liable for child adopted by spouse after spouse began living apart
pursuant to legally cognizable separation agreement
so long as:
spouses remain separate and apart after adoption

only secondarily liable if they haven’t adopted child
responsible to the extent that biological parents support is insufficient to keep the child off public assistance

Question 11

Emancipation generally

Answer 11

child abandons parental home against parents will
to avoid parental control forfeits right to support
EXCEPT
parents can contribute a reasonable sum to a child who is a welfare recipient even if the child has been emancipated by marriage so long as relationship was not terminated by the actions of the parties

Question 12

modification of child support

Answer 12

modifiable at any time
non-custodial parent not relieved of support with divorce
compliance with decree relieves parent of further obligation until agreement is modified

Question 13

if asserted that child is not receiving adequate support

Answer 13

not necessary to demonstrate change in circumstances was unforeseen to justify an increase

Question 14

Interference with or withholding visitation rights and child support

Answer 14

not a defense to enforcement of support order

not a grounds for cancellation of arrears for child support