Child Support

Question 1

Courts have less discretion b/c

Answer 1

Of proliferation of child support guidelines

• Maj. of jurisdictions follow the = Income shares approach (which considers the number of children and the income of the parents to determine a base line of child support)
• Child support is paid INDEPENDENT of visitation
• Duration of support = generally, age of majority OR death, emancipation etc.

Question 2

Jurisdiction over Child Support Orders

Answer 2

(2) Original Jurisdiction = Is proper where filed 1st petition under UIFSA is filed

ANOTHER state can only exercise jurisdiction IF:

• 2nd petition is filed before the time to answer the 1st has expired
• Petition objected to jurisdiction in the 1st action
• 2nd state is the child’s home state

(3) Jurisdiction to Enforce = Issue court has CONTINUING Jurisdiction to enforce

ANOTHER state can enforce by:

• DIRECT Enforcement
• REGISTRATION

(4) Jurisdiction to Modify = Once the court enters a valid child support order it maintains CONTINUING EXCLUSIVE JURISDICTION TO MODIFY THAT ORDER
- During the life of the order unless no parties reside in the issuing state or the parties consent to another state’s jurisdiction

Question 3

Modification of Child Support Orders

Answer 3

Child support is modifiable based on a a SUBSTANTIAL CHANGE of CIRCUMSTANCE affecting the needs of the child or the ability of the parents to pay

Like spousal support, voluntary reduction in income will not be a ground for modification.