Child Support

Question 1

Do both parents owe child support? What is the presumption?

Answer 1

Yes, owed by both parents.

Parent with custody is presumed to provide support; therefore, a child support order is generally entered only against the non-custodial parent

Question 2

How is child support calculated?

Answer 2

most states use child-support guidelines, a mathematical formula based on the income of the parents

Question 3

What does deviation from the child support guidelines require?

Answer 3

Court must give a written explanation for doing so

Question 4

Can child support be modified? If so, how?

Answer 4

Yes, only when there is a showing of a substantial and continuing change in
circumstances making the prior order unreasonable

Question 5

What is UIFSA

Answer 5

Uniform Interstate Family Support Act

Question 6

What does the UIFSA do?

Answer 6

Governs issues spousal maintenance (alimony) and child support orders where more than one state is involved in the action.

***has been adopted in all 50 states.

Question 7

Once a state has issued a child support order, that state’s court has continuing, exclusive jurisdiction over the order so long as:

Answer 7

the child or any party still resides in the issuing state; and

all of the parties do not consent to change jurisdiction to a new state.

Question 8

What does continuing, exclusive jurisdiction mean

Answer 8

The state with continuing, exclusive jurisdiction over the order is the only state that
can modify the order unless continuing, exclusive jurisdiction is lost