Child Support

Question 1

What is Child Support?

Answer 1

Both parents share equally a duty to support their children. In general, parents must pay for their children based on their ability to pay and the needs of the child.

• Support and Visitation: The child support obligation is independent of the noncustodial parent’s visitation rights. Visitation CANNOT be withheld because of failure to pay child support.

Question 2

When does the Duty to Support a Child Cease?

Answer 2

The duty to support a child ceases upon:

1. The child reaching the age of majority (usually 18)
2. Death of child
3. Emancipation of Child: Emancipation is the removal of the disabilities of minority. After emancipation, the child is considered an adult. Most states consider married minors to be emancipated.
4. Termination of parental rights

Question 3

When Does a State Have Original Jurisdiction over Child Support Orders?

Answer 3

Original jurisdiction to enter a child support order is proper where the first petition under UIFSA is filed. Another state can exercise jurisdiction only if:

1. The second petition is filed before the time to answer the first has expired
2. The petitioner objected to jurisdiction in the first action
3. The second state is the child’s home state

Question 4

When Does a State Have Jurisdiction to Enforce Child Support Orders?

Answer 4

The court that initially issued the order has jurisdiction to enforce, and UIFSA helps parties enforce orders in other states.

Another state can enforce a child support order in two ways:

1. Direct Enforcement: Direct enforcement allows the obligee to mail the order to the obligor’s out-of-state employer, automatically triggering withholding unless there is a timely objection.
2. Registration: UIFSA also provides for registration of a support order with another state. The issuing state sends the order to the state where the obligor resides. It is registered and filed as a foreign judgment, and then the order is subject to the same enforcement procedures as if the order had been issued in that state.

Question 5

When Does a State Have Jurisdiction to Modify Child Support Orders?

Answer 5

Generally, the court that issues the controlling child support order has continuing and exclusive jurisdiction to modify it. The role of a court in another state is only to enforce the original order, unless no party resides in the issuing state or the parties consent to jurisdiction elsewhere.

Question 6

When can a Child Support be Modified?

Answer 6

Child support is modifiable based on a substantial and continuing change of circumstances affecting the needs of the child or the ability of the parent to pay, such as changes in employment, the growth of the child, inflation, income, retirement, or disabling illness.

• A voluntary reduction in income will not be a ground for modification.
• Past due installments of support cannot be retroactively modified.

Question 7

How Can Child Support Awards be Enforced?

Answer 7

Child support awards (and alimony) may be enforced by:

• Holding the nonpaying party in contempt of court.
• Interception of the noncomplying parent’s tax refund,
• Forfeiture of a range of licenses (a driver’s license, law license, or hunting license),
• Seizure of real estate, Attachment of wages, and an Order to pay attorneys’ fees.