Child support Flashcards

1
Q

General info regarding child support

A

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.

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2
Q

Duration of child support?

A
  • 18 (majority)
  • Death of child
  • Emancipation of child
  • Termination of parental rights
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3
Q

Jurisdiction over child support orders

A

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.

  1. Jurisdiction to enforce : Court that initially issued the order has J to enforce with help of UIFSA either directly or through registration.
  2. Jurisdiction to modify: generally, the court that issues the order has CONTINUING AND EXCLUSIVE JURISIDICTION to modify it
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4
Q

Modification of Child Support Awards?

A

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

SCCC

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5
Q

Enforcement?

A

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

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6
Q

FFCCSOA

A

****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.

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