Child support Flashcards
Obligation to pay child support remains until
1) Child is emancipated; or
2) Child turns 18
but may be extended for certain circumstances
You cannot deny a parent the right of visitation based on
not paying child support
Parentage
non martial child can inherit form father as long a paternity is proved
Paternity actions are
confidential and not available to the public
Who can bring a parentage action ?
1) Child
2) parent
How to prove parentage ?
1) DNA Testing
2) Admission under oath- can be rescinded within 60 days
3) Treating child as their own
4) if parents were married
Court approved Surrogacy
intended parents are legal parents. Surrogate can terminate agreement within 6 months and then she becomes parent
PJ over out of state parents for child matters
Uniform interstate family support act gets PJ by
1) Service in VA
2) Consent to service in VA
3) person lived in VA and provided support
4) Child lives in VA
Virgina uses the income shares model to determine child support which
states that a child should receive the same proportion of parental income if parents sill lived together
Any taxable gross income counts
Determine total child support
The total child support is
1) cost of what child needs,
2) insurance,
3) Child care costs from licensed sources
If within 6 months of child’s birth then also includes pregnancy costs
The total child support is then
Divided between the parents in proportion of monthly income and only the non custodial parent pays
A court may only deviate from child support guidelines when the amount from the guidelines after
Making a written finding that the guidelines would be unjust
Factors
1) Monetary support from other people
2) increased financial contributions to child from other sources
3) other factors
To be excluded form paying
1) be institutionalized
2) imprisoned for life without parol
3) disabled to point cant work
Modification of Child Support
There must be a material change in circumstance. A court on its own motion, motion from the parents, or motion from social services revise or alter a decree for child support
(involuntary change in occupation, remarriage of parent, increase income, decrease in health)
Voluntary quitting a job is not a material change in circumstances
Burden is on parent wanting modification
talk about economic circumstances
Courts can cannot modify child support
retroactively, only prospectively
