Child support

Question 1

General info regarding child support

Answer 1

Both parents share equally a duty to support their children.

There are Child Support Guidelines that provide for the amounts that should be awarded.

Visitation cannot be withheld because of failure to pay child support.

Question 2

Duration of child support?

Answer 2

• 18 (majority)
• Death of child
• Emancipation of child
• Termination of parental rights

Question 3

Jurisdiction over child support orders

Answer 3

Uniform Interstates Family Support Act (UIFSA) :
1. Original jurisidiction : where first petition is filled. Another state can only exercise jurisdiction if the second petition is filed before the time to answer 1st has expired; petitioner objected to the first action; the 2nd state is the child’s home state.

2. Jurisdiction to enforce : Court that initially issued the order has J to enforce with help of UIFSA either directly or through registration.
3. Jurisdiction to modify: generally, the court that issues the order has CONTINUING AND EXCLUSIVE JURISIDICTION to modify it

Question 4

Modification of Child Support Awards?

Answer 4

Child support is modificable upon
SUBSTANTIAL AND CONTINUING CHANGES OF CIRCUMSTANCES affecting the child and the parent’s ability to pay.

SCCC

Question 5

Enforcement?

Answer 5

By holding non complying party in contempt of court (civil and even criminal)
interception with tax return, forfeiture of licences, seizure of real estate…

Question 6

FFCCSOA

Answer 6

****Full Faith and Credit for Child Support Orders Act :
Full faith and credit must be given to another cour’ts child support order if the court 1 had J over the matter & parties and the parties reasonable notice and opportunity to be heard.