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Board Cert > Child Support > Flashcards

Child Support Flashcards

1
Q

How do you start all child support answers?

A

“Each parent has a fundamental obligation to support their minor or dependent child.”

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2
Q

How long does retro CS go?

A

24 months max if parents separated
OR date of filing mod petition
OR date timesharing stopped being exercised

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3
Q

Standard to determine child support income?

A

Competent, substantial evidence

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4
Q

Child support calcuations - what type of income used?

A

Net

Will also accept all sources, haha

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5
Q

How do you determine net income for CS?

A

Take gross, subtract allowable deductions

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6
Q

Are SS benefits considered income for CS?

A

Yes, if benefit is for disabled parent to benefit child.

No, if benefit is for disabled child

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7
Q

What counts as income for CS? (Pneumonic)

A

TRUBBS SAID PWR

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8
Q

What are income sources for child support (list)?

A

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

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9
Q

Define biz income.

A

Gross receipts minsu ordinary and necessary biz expenses to produce income

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10
Q

Factors to impute income if someone changes job and starts new biz for CS?

A

Is termination voluntary?

Pursuit of own interests and diligent efforst to find comparable income

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11
Q

health insurance - deductible from income or no?

A

Yes for adult, not for child.

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12
Q

What are the deductions I won’t remember?

A

Health insurance NOT FOR THIS KID
Support for OTHER children that’s actually paid
Spousal support

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13
Q

Imputation - mandatory or discretionary?

A

Court SHALL impute income

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14
Q

If voluntary under/unemployed, what factors must court look at to determien the amount of income to impute?

A

Recent work history
Occupational qualifications
Prevailing earnings level in community
OR median income of FT workers from census

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15
Q

Do you have to find an actual job to impute income?

A

Yes

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16
Q

Can you impute a higher level that someone’s ever earned for CS?

A

No, unless they are recently degreed/certified

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17
Q

Can you impute lower income if someone is pursuing higher education?

A

Depends. If it’s in kids’ BIC to keep old income, you impute higher

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18
Q

When can the court order CS to be paid from assets or non-recurring income?

A

When payor is depleing assets to fund own life OR recurring income is insufficient

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19
Q

When can a court secure CS w/ life insurance?

A

Necessity
Cost
Availability
Special circumstances!

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20
Q

FJDOM entered w/o CSG, but it has an amount. Error?

A

Yes, must attach CSG.

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21
Q

When ordering CS, what must be included? (Quote)

A

“Provision for heath insurance coverage when reasonable in cost and accessible”

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22
Q

Can court order 50/50 for all expenses when income is not 50/50?

A

Only if findings support, otherwise pro rata

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23
Q

Kid needs braces. Can court make the parents split that pro rata?

A

Circuit split. Some say it’s extraordinary expense so can’t force absent agreement. Others look at medical necessity

24
Q

What are the ways a court can deviate from CSG?

A

5% (if asked)
More than 5% (if written findings)
Substantial time with one parent (gross up method)
Deviation factors

25
Q

Deviate 5% - written findings necessary?

A

No. Above 5%, yes.

26
Q

Factors to consider in deviation - pneumonic?

A

STATE PIES 55/20

27
Q

WHAT ARE STATE PIES 55/20

A

DEVIATION FACTORS

28
Q

EXPLAIN STATE PIES 55/20

A 
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)

29
Q

Can court determine who gets dependency exemptions?

A

No, but can make parents sign forms. IRS determines.

30
Q

Test for private school?

A

Ability to pay
In accordance with SOL
BIC

+some say special needs can’t be met by public

31
Q

Rich families - what CS do you get?

A

Good fortune
Not every little luxury
Commensurate with needs of child

32
Q

How much good fortune CS can someone get?

A

Enough for kids’ needs per SOL

Rest goes into trust or just not paid

33
Q

If you’re doing retro CS, does dad get credit for payments made?

A

Duh.

34
Q

Can mom file for retro CS after child turns 18?

A

Yes, but you only get for when kid was minor

35
Q

Parents divorced. H pays mortgage on W’s home. H isn’t paying CS. W sues for retro. Do mortgage payments count as credit?

A

yes.

36
Q

When can you get CS after age 18?

A

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.

37
Q

When does CS stop?

A

18

“18 but in HS performing in good faith with reasonable expecation of graduation before age 19”

38
Q

When can CS go past HS graduation?

A

Paternity cases OR agreements

39
Q

What’s the language re: CS to HS grad?

A

“Child is 18 but in high school performing in good faith with reasonable expecation of graduating before age 19”

40
Q

If child can’t graduate HS before turning age 19, when does CS stop?

A

Age 18. Don’t get the HS grad approach.

41
Q

What must FJ have in it re: CS for multiple kids?

A

CSG
Health insurance provision
Step downs w/ dates/times of termination/reduction

42
Q

When can FL modify GA CS order?

A

No one lives in GA
AND petitioner isn’t FL resident and wants modification
AND FL has personal J over respondent.

43
Q

FL is going to modify a GA order. Use FL law?

A

No, must use GA Law

44
Q

W appeals FJ for multiple reasons. Can W move to modify CS pending appeal?

A

Yes, but trial can’t enter FJ on mod until after appeal. Trial can do temp TS.

45
Q

Can court order H to pay CS arrears?

A

Yes, if he had ability to pay them at the time they were incurred.

46
Q

Can H enter into agreement to terminate rights in exchange for giving up past due CS?

A

No - past due is vested to child.

47
Q

Can you get CS in a temporary injunction case?

A

Yes, if they follow CH. 61

48
Q

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?

A

NO

49
Q

Can you pay CS in a lump sum?

A

No.

50
Q

What if kid A lives with mom and kid B lives with dad. What do you do then?

A

Split circuits. SO, calclulate Dad’s for one. Mom’s for the other. Then the person who earns more pays half the difference.

51
Q

Dad owes CS arrears. Is mom entitled to interest?

A

Yes

52
Q

Can you pay arrears via payment plan which goes past majoirty?

A

No

53
Q

Aunt is caring for kids via court order. Can aunt collect CS?

A

Yes.

54
Q

Standard of review on appeal for CS:

A

Abuse of discretion

55
Q

Can DOR proceeding on CS also address alimony arrears?

A

Nope, CS only

Board Cert (17 decks)

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