Financial support of children Flashcards
Child support obligations
Both parents are legally required to support their minor children.
Parents cannot bargain away child-support payments and cannot agree to any release or compromise that would negatively affect the child’s welfare.
Child support: personal jurisdiction
Under the Uniform Interstate Family Support Act (“UIFSA”), a court has personal jurisdiction over an out-of-state parent in various situations, including when the out-of-state parent:
(1) Is personally served within the state or consents to jurisdiction;
(2) Resided with the child in the state in the past; or
(3) Engaged in sexual intercourse in the state that may have resulted in conception.
Child support: amount
Child-support awards are generally based on the income received by the obligor—paying—parent.
Other factors include:
(1) The best interests of the child;
(2) The child’s age;
(3) Special needs;
(4) Assets of both parties;
(5) Standard of living during marriage.
Child support: guidelines
All jurisdictions have adopted child support guidelines.
There is a rebuttable presumption that the amount calculated pursuant to the child-support guidelines is correct, but if the court decides to deviate from that amount, the court will consider other factors in determining the amount and set forth specific findings explaining and supporting the deviation.
Child support: modification
Modification is permissible when there is a substantial change in circumstances in:
(1) The child’s needs or
(2) The parents’ financial situation.
The party seeking modification bears the burden of establishing a substantial change—e.g., change in parent’s occupation, remarriage, or an increase or involuntary decrease in income by either parent.
A court will only modify child support amounts prospectively.
Child support: termination
A parent’s support obligation usually ends when the child reaches the age of majority, which is usually 18 years of age.
Some jurisdictions have the authority to order support beyond the age of majority for when the child is in college.
Child support: reasonable parental demands
An employable child’s right to support is contingent on compliance with reasonable parental demands.
An employable child who fails to comply, even if attending college, risks loss of parental support.
Child support: jurisdiction over modification
Under the Uniform Interstate Family Support Act, the state that issued the initial child support order has continuing exclusive jurisdiction to modify the child support order.
But the issuing state does not have continuing exclusive jurisdiction if:
(1) The parties—both parents—and the child no longer reside in the state; or
(2) The parties expressly agree to permit another state to exercise jurisdiction.
Child support: jurisdiction over enforcement
Under the Uniform Interstate Family Support Act, the parent receiving support may register a child support order issued in one state in a non-issuing state.
The non-issuing state can then enforce the support order.
Child support: erroneously identified fathers
Traditionally, courts have been loath to modify an established parent-child relationship, citing the child’s best interest as reason to deny admission of evidence of non-paternity or to deny a motion to disestablish paternity.
Some states, however, have recently recognized the interests of erroneously identified fathers.
