6. Child Support (UIFSA)

Question 1

How are parents’ duties to support children distributed?

Answer 1

Equal duties

Question 2

What factors may determine amount of child support?

Answer 2

Child’s monetary need

Obligor’s ability to pay

No. children

Ages

Special needs

Parents’ income

NOT visitation rights (non-custodial parents)

Question 3

How may child support be modified?

Answer 3

Substantial change in circumstances (child’s needs/parent’s ability to pay)

• Changes in employment
• Child’s growth
• Inflation
• Retirement
• Income (NOT self-induced reduction)
• Disability/Illness

Question 4

How may child support be terminated?

Answer 4

Emancipation

Child’s marriage

Termination of parent’s rights (lack of paternity)

Obligor’s death

Question 5

How may child support be enforced by law?

Answer 5

Uniform Intestate Family Support Act (UIFSA)

Income withholding order

• Mail to payor’s out-of-state employer
• Mail to payor’s out-of-state support enforcement agency

Registration support order

1) Mail order to payor’s state
2) Payor’s state files order as foreign judgment
3) Subject to enforcement proceedings

Question 6

How may child support be enforced by sanctions?

Answer 6

Hold non-payer in court contempt

File judgment against non-payer

Seize real property

Wages attachment/withholding

Attorneys’ fees

Intercept tax returns

Not renew driver’s licence

Question 7

Which states may modify child support awards?

Answer 7

Uniform Intestate Family Support Act (UIFSA)

Issuing state
- Generally has continuing + exclusive jurisdiction

Sister state

• Child + Parents no longer reside in issuing state
• ALL parties consent to sister state’s modification