Child Support

Question 1

What is the majority approach to awarding child support?

Answer 1

The majority approach for child support is teh income shares approach. Support is based on each parents’ income and the number of children.

However, courts can deviate from the statutory guidelines if doing so is in the best interests of the child.

Question 2

Jurisdiction over Child Support Orders

Answer 2

Under the Uniform Interstate Family Support Acts:

• Jurisdiction is proper in the state where the first petition under UIFSA is filed.
• Another state may exercise jurisdiction if a second petition is filed before the time to answer has expired, if the petitioner objected to jurisdiction in the first state, and if the second state is the child’s home state.

Question 3

Jurisdiction to Enforce Child Support Orders

Answer 3

The issuing court has continuing jurisdiction to enforce child support orders. Other courts may enforce directly.

States must give full faith and credit to other states’ child support orders.

Question 4

Jurisdiction to Modify Child Support Orders

Answer 4

The issuing court maintains continuing jurisdiction over child support orders. A different court may modify only if no party resides in the original state or if the parties consent to jurisdiction.

Question 5

What justifies modification of a child support order?

Answer 5

A child support order may be modified upon proof of a substantial and continuing change in the circumstances affecting the best interests of the child or the parents’ ability to pay.

⇒ A voluntary reduction in income does not constitute a substantial and continuning change in the circumstances.