Child support Flashcards
what must a court do when they determine that a deviation should apply in child support?
they must explain the reasons for the deviation and how the best interest of the children will be served by the deviation
what is post-majority support?
authorizes courts to order separated, divorced, or unmarried parents to provide equitably for a child’s post-majority educational costs
—Statute requiring post majority support does not violate equal protection
—-Most states do not authorize postmajority educational support.
*In states that do, “reasonable expenses” determine the amount.
(FL does not have post-majority support)
What are the rules in Florida surrounding Post majority support
- Child support ceases when the child turns 18 unless: (2 exceptions)
a. 1) Mentally or physically dependent
b. 2) Dependent between 18-19 who is still in high school and studying to graduate
what is needed to modify child support
Substantial and material change of circumstances since entry of decree
what circumstances can affect a parent’s ability to pay
Change in payor’s-occupation
*Payor’sremarriage and new family
*Payor’sincreased resources
*Payor’sdeteriorating health
*Payee’s remarriage or cohabitation
what is needed to modify child support in FL
The parent seeking to change (or modify) a support order has the burden to prove a change in circumstances.
*i. In most cases, before an order can be changed, a parent’s change in circumstances must be substantial, permanent, and involuntary (Requires all 3)
1. Substantial change =
a. less than 3 years since Issued/reviewed/changed:
i. change in circumstances would cause at least 15% but not less than
$50 change
b. More than 3 years
i. change in circumstances would cause at least 10% but not less than
$25 change
2. Permanent change = depends on facts of case; in most cases one must show the change has lasted for 6 months or more
a. Unemployment is not a permanent change
3. Involuntary change = comes through no fault of the parent (ex: extended illness or employment layoff)
a. a voluntary change is a result of the parent’s own choices and NOT a ground for modification of support
: Where a payor of child support seeks to reduce his payment obligation because of decreased income amid evidence that his lower income resulted from voluntary conduct, may the court deny a modification?
. A voluntary reduction in income does not justify a modification of child support.
: Is it constitutional for a trial court to impose, for conviction of intentional failure to pay child support, probation with the condition that the offender not procreate until and unless the offender proves capable of supporting existing and subsequent children?
yes. If an offender is convicted of intentional failure to pay child support, it is constitutional for a trial court to impose a sentence of probation with the condition that the offender not procreate until the ability to support existing and subsequent children is shown.
Does the Due Process Clause require a right to counsel for an indigent individual at a civil contempt proceeding when there is a prospect of incarceration?
due process does not automatically require counsel to be appointed for civil contempt proceedings involving child support even when the defendant is facing incarceration
May a state exercise personal jurisdiction over a parent in a custody proceeding based solely on the parent’s act of sending his daughter to live with her mother in the forum state?
a parent’s sending a child to live in a state doesn’t create minimum contacts sufficient to justify that state’s exercise of personal jurisdiction over that parent for child support
Where a Massachusetts-resident mother seeks child-support from an Idaho-resident father and Massachusetts law prevents the mother from filing her petition in Massachusetts, does a federal law that would permit the mother to file in Massachusetts preempt Massachusetts law?
: Yes. Where an order of child support was issued outside of Massachusetts and the parents do not both live in Massachusetts, the UIFSA forbids a Massachusetts court from modifying the support order unless the petition to modify is brought by the nonresident.
The federal Full Faith and Credit for Child Support Orders Act (Full Faith and Credit Act) preempts the UIFSA where the Full Faith and Credit Act permits a Massachusetts court to hear a child-support matter that the UIFSA prohibits.
* [T]he Federal act provides, in relevant part:
o “A court of a State may modify a child support order issued by a court of another State if—
“(1) the court has jurisdiction to make such a child support order pursuant to subsection (i); and
“(2) (A) the court of the other State no longer has continuing, exclusive jurisdiction of the child support order because that State no longer is the child’s State or the residence of any individual contestant….”
: May courts modify support orders if justified by a substantial change in circumstances, whether the order was contested or reached by settlement agreement, unless reached by a settlement agreement that unambiguously precludes modification?
Yes. Courts may modify support orders if justified by a substantial change in circumstances, whether the order was contested or reached by settlement agreement, unless reached by a settlement agreement that unambiguously precludes modification.
