Child Support

Question 1

What does UIFSA stand for?

Answer 1

Uniform Interstate Family Support Act

Question 2

What does UIFSA do?

Answer 2

It coordinates all enforcement efforts for child support and provides uniformity across state lines. It does so using guidelines to reduce inconsistencies and variations.

Question 3

What are the different payment types for child support and what is the most common one?

Answer 3

1) Flat Rate - % of non-custodial parent’s income;
2) Varying Percentage Model;
3) Income Shares Model - Combine the income of both parents, then the parents with the higher income spends more and the more children total, the less is given per child.

Question 4

What are the guidelines percentages for the number of children and percentage of net support?

Answer 4

1 child = 20% of net income; 
2 = 28%; 
3 = 32%; 
4 = 40%; 
5 = 45%; 
6+ = 50%.

Question 5

Is the following based on gross or net income?
Maintenance;
Child Support?

Answer 5

Maintenance: Gross Income;

Child Support: Net Income.

Question 6

How does the Income Shares Model of child support work?

Answer 6

Combine the income of both parents, then the parent with the higher income pays more. The number of children also has an impact. The more children = lower % per child.

Question 7

What is the goal of the income shares child support method according to Voishan v. Palma?

Answer 7

Child should be entitled to enjoy the same standard of living as they would have had had the parents not divorced.

Question 8

What is the system for determining child support according to the income shared method?

Answer 8

1) Look at each parents income;
2) Adjust it to make it net income (minus support obligations, alimony paid, cost of health insurance, day care, taxes, etc.);
3) Then, add them together to determine what amount should go toward child support;
4) Get the percentages to determine how much each parent pays.

Question 9

Does the custodial parent have to account for where the child support money went?

Answer 9

No. They do not.

Question 10

What is income for child support purposes?

Answer 10

Wages; Salary; commissions; overtime; interests; dividends; royalties; rental income; severance; gifts; annuities; trust incomes; capital gains; social security; retirement; pension; etc.

Question 11

Will courts consider step-parent income when setting child support amounts?

Answer 11

No.

Question 12

If the payor becomes incarcerated, will they be required to pay child support?

Answer 12

Yes. Even if they become incarcerated and are unable to pay child support, then the court will begin taking the funds out of the payor’s assets.

Question 13

Does death of the payor terminate child support obligations?

Answer 13

No. It will be paid out of the payor’s estate.

Question 14

How will the court look at variable income situations when establishing child support?

Answer 14

The court can look at the past number of years and base it on the average over a time span. Or set it based on the end of the previous year.

Question 15

Does a payor still have to pay child support if the child becomes emancipated?

Answer 15

No.

Question 16

Can parents be required to cover educational expenses?

Answer 16

Yes. The court will consider the financial resources of the parents, standard of living of the child, financial resources of the child, child’s academic performance, and it will terminate after the child receives their degree.

Question 17

What can parents be forced to pay for the child’s college education?

Answer 17

Fafsa, Costs of 5 college applications, 2 standardized entrance exams, a college prep course, tuition fees and room and board not greater than a standard state college, medical expenses, living expenses. The student must maintain a C average and the grades must go to parents.

Question 18

If the payor stops paying child support, can the payee withhold visitation?

Answer 18

No. Child support and visitation are two separate things.

Question 19

What must occur for a modification of a child support order?

Answer 19

Must show:

1) Substantial change in circumstances;
2) If there is no substantial change in circumstances, then > 20% change in income or upon a showing of need;
3) Original child support order based on personal jurisdiction;
4) Need notice and opportunity to be heard.

Question 20

Can child support be retroactively changed?

Answer 20

No, this is generally not permitted.

Question 21

What is UIFSA?

Answer 21

A law that allows long arm jurisdiction for child support cases.