child support Flashcards
1
Q
list (4)
duration of child support
A
- child reaching majority
- death of child
- emanciapation of child
- termination of parental rights
- child can be supported indefinitely if severly disabled*
- statues requiring parent to pay for college is unconstitutional but ct can enforce agreements to pay for higher edu*
2
Q
list (3)
a second state can exercise jx if
A
- the 2nd petition is filed before the time to answer the 1st petition has expired
- petitioner of 2nd action objected to jx in 1st action
- 2nd state is child’s home state
3
Q
which state has jx to enforce
A
ct that initially issued the order
4
Q
how can 2nd state enforce child support order
A
- direct enforcement - receiving party sends order to paying parties employer and automatically triggers withdrawal from salary unless timely objection
- registration - issuing state send order to state where paying party resides and party subj to that judgement as if it had be issued in the state they reside
5
Q
who has jx to modify child support order
A
generally issuing state has continuing and exclusive jx to modify
other states role is to enforce unless no party lives in issuing state no parties consent to jx elsewhere
6
Q
modifications of child support
A
based on substantial and continuing change of circumstances
past due installments cannot be retroactively modified