Child Support Flashcards
What is child support?
Payment by one parent to the other for the support of a common child. In order addictions, both parents, regardless of marital status, are legally required to support their minor children.
Are time limits on filing paternity petition in order to secure support from the purported father valid?
No. Unless there is a reasonable opportunity to pursue such action and the limit is substantially related to the government‘s interest in restricting such action, the time limit is a violation of the equal protection clause because it subjects illegitimate children to restrictions not imposed on legitimate children.
What is the marital presumption of paternity?
The law presumes that a child born to a married woman is the child of that woman and her husband. Some states permit rebuttal of the marital presumption if the husband is impotent, sterile, or lacked access to his wife.
When can a husband who is not the biological father of his his wife’s child be estopped from denying his obligation to pay child support?
(1) When there is a representation by the husband that he would provide for the child;
(2) The wife relied on his representation; and
(3) The wife suffered an economic document as a result of the reliance.
What is the income-shares model of child support?
The child receives the same proportion of parental income as if the parties continue to live together.
What is the percentage-of-income model of child support?
The minimum amount of child support is determined by using a percentage of the supporting parent’s net income, determined by the number of children supported.
What additional factors does the court consider in determining the amount of child support?
Ages of the children, unusual needs, support obligations of the parties, assets of the parties, medical expenses outside of insurance coverage, standard of living, duration of marriage, in the best interest of the child.
When is a child support award allowed to be modified?
Modifications are permissible when there is a substantial change in the circumstances regarding the child’s needs or the parents financial situation, and that changes expected to be continuing rather than temporary. The burden to substantiate the change in circumstances is on the parent requesting the modification. The award can be made retroactive to the date of the service of the motion on the opposing party.
Can a voluntary reduction in income reduce the amount of child support to be paid?
Generally, no. In some jurisdictions, a voluntary reduction of the obligor parents income may justify a reduction of the obligation if it was made in good faith and not for the purpose of depriving the child or punishing the custodial parent.
When can support be terminated?
Obligation to pay usually ends when the child reaches the age of majority. Can also terminate upon a child’s marriage, the termination of parental rights, commencement of military activity by the child or the parent or child dies.
What is emancipation?
A minor child has been established as a self-supporting individual beyond the sphere of influence of his parents or independent parental control.
When can another jurisdiction modify an order of child support?
If the parties, including the child, no longer reside in this state where the court of continuing jurisdiction sits or the parties expressly agreed to permit another state to exercise jurisdiction. Orders that fail to adhere to restriction do not qualify for enforcement under the full faith and credit clause.
