Child Support Flashcards
How do you start all child support answers?
“Each parent has a fundamental obligation to support their minor or dependent child.”
How long does retro CS go?
24 months max if parents separated
OR date of filing mod petition
OR date timesharing stopped being exercised
Standard to determine child support income?
Competent, substantial evidence
Child support calcuations - what type of income used?
Net
Will also accept all sources, haha
How do you determine net income for CS?
Take gross, subtract allowable deductions
Are SS benefits considered income for CS?
Yes, if benefit is for disabled parent to benefit child.
No, if benefit is for disabled child
What counts as income for CS? (Pneumonic)
TRUBBS SAID PWR
What are income sources for child support (list)?
TRUBBS SAID PWR
Trust Reimbursed/in kind Unemployment Bonus/overtime Business Salary
Ss benefits
Alimony via order
Interest/dividends
Disability
Pension/retirement
Workers comp
Rental income
Define biz income.
Gross receipts minsu ordinary and necessary biz expenses to produce income
Factors to impute income if someone changes job and starts new biz for CS?
Is termination voluntary?
Pursuit of own interests and diligent efforst to find comparable income
health insurance - deductible from income or no?
Yes for adult, not for child.
What are the deductions I won’t remember?
Health insurance NOT FOR THIS KID
Support for OTHER children that’s actually paid
Spousal support
Imputation - mandatory or discretionary?
Court SHALL impute income
If voluntary under/unemployed, what factors must court look at to determien the amount of income to impute?
Recent work history
Occupational qualifications
Prevailing earnings level in community
OR median income of FT workers from census
Do you have to find an actual job to impute income?
Yes
Can you impute a higher level that someone’s ever earned for CS?
No, unless they are recently degreed/certified
Can you impute lower income if someone is pursuing higher education?
Depends. If it’s in kids’ BIC to keep old income, you impute higher
When can the court order CS to be paid from assets or non-recurring income?
When payor is depleing assets to fund own life OR recurring income is insufficient
When can a court secure CS w/ life insurance?
Necessity
Cost
Availability
Special circumstances!
FJDOM entered w/o CSG, but it has an amount. Error?
Yes, must attach CSG.
When ordering CS, what must be included? (Quote)
“Provision for heath insurance coverage when reasonable in cost and accessible”
Can court order 50/50 for all expenses when income is not 50/50?
Only if findings support, otherwise pro rata
Kid needs braces. Can court make the parents split that pro rata?
Circuit split. Some say it’s extraordinary expense so can’t force absent agreement. Others look at medical necessity
What are the ways a court can deviate from CSG?
5% (if asked)
More than 5% (if written findings)
Substantial time with one parent (gross up method)
Deviation factors
Deviate 5% - written findings necessary?
No. Above 5%, yes.
Factors to consider in deviation - pneumonic?
STATE PIES 55/20
WHAT ARE STATE PIES 55/20
DEVIATION FACTORS
EXPLAIN STATE PIES 55/20
Special needs Total assets of everyone Age of child Tax issues/credits Extraordinary medical/expeness
Parental support received
Income of child
Everything else
Seasonal variations
55% of gross income per CSG
Less than 20% but still lots of time (all day but no nights)
Can court determine who gets dependency exemptions?
No, but can make parents sign forms. IRS determines.
Test for private school?
Ability to pay
In accordance with SOL
BIC
+some say special needs can’t be met by public
Rich families - what CS do you get?
Good fortune
Not every little luxury
Commensurate with needs of child
How much good fortune CS can someone get?
Enough for kids’ needs per SOL
Rest goes into trust or just not paid
If you’re doing retro CS, does dad get credit for payments made?
Duh.
Can mom file for retro CS after child turns 18?
Yes, but you only get for when kid was minor
Parents divorced. H pays mortgage on W’s home. H isn’t paying CS. W sues for retro. Do mortgage payments count as credit?
yes.
When can you get CS after age 18?
Statutory finding re: HS (paternity only)
Mental/physical depenency which occured (not adjudicated) prior to child turning 18
If child is over 18 but it happened before, child sues.
When does CS stop?
18
“18 but in HS performing in good faith with reasonable expecation of graduation before age 19”
When can CS go past HS graduation?
Paternity cases OR agreements
What’s the language re: CS to HS grad?
“Child is 18 but in high school performing in good faith with reasonable expecation of graduating before age 19”
If child can’t graduate HS before turning age 19, when does CS stop?
Age 18. Don’t get the HS grad approach.
What must FJ have in it re: CS for multiple kids?
CSG
Health insurance provision
Step downs w/ dates/times of termination/reduction
When can FL modify GA CS order?
No one lives in GA
AND petitioner isn’t FL resident and wants modification
AND FL has personal J over respondent.
FL is going to modify a GA order. Use FL law?
No, must use GA Law
W appeals FJ for multiple reasons. Can W move to modify CS pending appeal?
Yes, but trial can’t enter FJ on mod until after appeal. Trial can do temp TS.
Can court order H to pay CS arrears?
Yes, if he had ability to pay them at the time they were incurred.
Can H enter into agreement to terminate rights in exchange for giving up past due CS?
No - past due is vested to child.
Can you get CS in a temporary injunction case?
Yes, if they follow CH. 61
H has kid with W. H pays CS. H has 2nd kid with new W. H gets 2nd job to support new kids. Can you include that income in modificaiton by first W?
NO
Can you pay CS in a lump sum?
No.
What if kid A lives with mom and kid B lives with dad. What do you do then?
Split circuits. SO, calclulate Dad’s for one. Mom’s for the other. Then the person who earns more pays half the difference.
Dad owes CS arrears. Is mom entitled to interest?
Yes
Can you pay arrears via payment plan which goes past majoirty?
No
Aunt is caring for kids via court order. Can aunt collect CS?
Yes.
Standard of review on appeal for CS:
Abuse of discretion
Can DOR proceeding on CS also address alimony arrears?
Nope, CS only
