Child Support Flashcards
(17 cards)
Define Child Support
Child support is the payment by one parent to the other for the support of a common child.
What is the child’s right to support?
Both parents, regardless of marital status, are legally required to support their unemancipated child until the child reaches 18 years of age. Some jurisdictions impose this obligation through college or even indefinitely, if the child’s physical and mental condition requires.
How can paternity be established?
Paternity can be established via judicial decree, or other means, such as when the father consent to be named on the birth certificate or acknowledges that he is the child’s father.
What evidence can establish paternity?
- Blood test ordered by the court.
- Prior statements regarding paternity by deceased family members.
- Medical testimony on the probability or probability of conception.
- The father’s acknowledgment of paternity.
What is the marital presumption regarding paternity?
Under the marital presumption, a child born to a marry woman is presumed to be the child of that woman and her husband. This presumption also applies in cases of artificial insemination if the father consented to the procedure.
In what circumstances can a non-biological father be estopped from denying his obligation to pay child support?
- The husband represented that he would provide for the children,
- The wife relied on his representation and
- The wife suffered an economic detriment as a result of the reliance.
Under what law does a court obtain personal jurisdiction over and out of state parent pursuant to a long arm provision?
UIFSA, which has been adopted in every state.
When will a court be found to have personal jurisdiction over an out-of-state parent??
A court will be found to have PJ over an out-of-state parent in various situations, including when an out-of-state parent:
1. Is personally served within the state or consents to jurisdiction.
2. Resided with a child in the state in the past.
3. Engaged in sexual intercourse in the state, and the child may have been conceived by that active intercourse.
Factors used to determine the amount of child support :
- Best interest of the child.
- Ages of the children.
- Support obligations of the parties
- Assets of the parties.
- Medical expenses outside of insurance coverage
- Standard of living.
- Unusual needs & obligations (e.g. Special education)
How is child support determined?
The amount of child support ordered is based on child support guidelines. If the courts decide to deviate from the amount stated in the guidelines, it must set for specific findings explaining and supporting the deviation.
Income-shares model (majority rule)
Children receive the same proportion of parental income they would have received if the parties continue to live together. 
When is modification of child support permitted?
When can a court modify child support?
The standard of modifying child support is whether there has been a substantial change in circumstances regarding the child’s needs or the parent’s financial situation that is expected to continue.
Will a voluntary reduction in pay allow a parent to modify their child support obligation?
In most jurisdiction, voluntary reduction in the obligor’s pay does not result in reduction of child support.
When can child support be terminated?
Child support terminates when (AMPED):
1. The child reaches the Age of majority.
2. The child Marries
3. Parental rights are terminated.
4. The child is Emancipated or.
5. The child or the parent Dies. 
When can a court modify a child support order that originated in another jurisdiction?
- When neither parents nor child resides in the state , or
- When the parties consent to another state jurisdiction.
How can child support be enforced?
- Civil contempt.
- Criminal contempt.
- Wage garnishment.
- Suspension of drivers or occupational license.
- Seizure of property or assets.
- Order of attorney fees.
- Withholding of tax refunds.
- Denial of passport application with more than $5000 in arrears.
