CHILD SUPPORT

Question 1

GENERALLY

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 & the needs of the child.

Question 2

Child Support Guidelines

Answer 2

• Amount of award of support to custodial parent is usually arrived at by reference to child support guidelines, which consider number of children & parents’ incomes.
• Cts can deviate from guidelines. including to include health insurance for children & to cover extraordinary medical expenses.

Question 3

Support and Visitation

Answer 3

• Child support obligation is independent of noncustodial parent’s visitation rights.
• Visitation cannot be w/held b/c of failure to pay child support.

Support of Parent
- In some states, children have a duty to support their elderly parents.

Question 4

DURATION OF CHILD SUPPORT

Answer 4

The duty to support a child ceases upon:
(1) Child reaching the age of majority (usually 18)
(2) Death of child
(3) Emancipation of child
- Emancipation is removal of disabilities of minority.
- After emancipation, child is considered an adult
- Most states consider married minors to be emancipated.
(4) Termination of parental rights
- Child support may be indefinite for a severely disabled child.
- Some cts require child support payments up to a certain level of education (ex. until child graduates high school even if child is over 18).
- Cts will enforce agreements to pay for college, but will not extend child support into college, & some have held that statutes requiring parent to pay for college are unconstitutional

Question 5

JURISDICTION OVER CHILD SUPPORT
ORDERS

Answer 5

• Uniform Interstate Family Support Act (“UIFSA”), which has been adopted by all 50 states, provides methods of enforcement & guidelines for mods of support orders issued in another state.

Question 6

Original Jurisdiction

Answer 6

• Original jurisdiction to enter a child support order is proper where first petition under UIFSA is filed.
• Another state can exercise jurisdiction only if:
  (1) 2nd petition is filed b/f time to answer 1st has expired
  (2) Petitioner objected to jurisdiction in 1st action
  (3) 2nd state is child’s home state (see discussion of home state under Child Custody, infra)

Question 7

Jurisdiction to Enforce

Answer 7

• Ct that initially issued order has jurisdiction to enforce, & UIFSA helps parties enforce orders in other
  states.
• Another state can enforce a child support order in two ways:

Direct enforcement
- Direct enforcement allows obligee to mail order to obligor’s out-of-state employer, automatically triggering w/holding unless there is a timely objection.

Registration
- UIFSA also provides for registration of a support order w/ another state.
- Issuing state sends order to state where obligor resides.
- It is registered & filed as a foreign judgment, & then order is subject to same enforcement procedures as if order had been issued in that state.

Question 8

Jurisdiction to Modify

Answer 8

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

Question 9

MODIFICATION OF CHILD SUPPORT
AWARDS

Answer 9

• Child support is modifiable based on a substantial & continuing change of circumstances affecting needs of child/ability of parent to pay, like changes in employment, growth of child, inflation, income, retirement, or disabling illness.
• A voluntary reduction in income will not be a ground for modification.
• Under the federal Full Faith & Credit for Child Support Orders Act, full faith & credit must be given to child support orders of ct in another state.
• Past due installments of support cannot be retroactively modified.

Question 10

TAX CONSEQUENCES OF CHILD SUPPORT
ORDERS

Answer 10

Child support payments are not taxable events.

Question 11

ENFORCEMENT OF AWARDS

Answer 11

• Child support awards (& alimony) may be enforced by holding nonpaying party in contempt of ct (usually civil contempt, but may be criminal if failure to pay is willful).
• Other sanctions include interception of noncomplying parent’s tax refund, forfeiture of licenses (ex. driver’s license, law license, or hunting license), seizure of real estate, attachment of wages, & an order to pay attorneys’ fees.