Child Support Flashcards
Who has obligation of child support?
Child support obligations are owed by both parents
Whom are child support orders entered against?
Because the parent with custody is automatically assumed to be providing support, child support orders are generally entered only against the non-custodial parent
How is child-support calculated?
Most states calculate child support using child support guidelines, which are mathematical formulas based on the income of the parents
Can courts deviate from child support guidelines?
Yes, but if a court chooses to deviate from the guidelines, the court must give a written explanation for doing so
When may child support orders be modified?
Support orders can be modified only when there is a showing of a substantial and continuing change in circumstances that make the prior order unreasonable
Which court has jurisdiction for purposes of child support orders under Uniform Interstate Family Support Act?
Under UIFSA once a state has issued a child support order consistent with the jurisdictional requirements of UIFSA, that court has continuing, exclusive jurisdiction over the order so long as
1. the child or any party still resides in the issuing state
2. all of the parties do not consent to changing the jurisdiction to a new state
Which courts have the power to modify child support orders?
Only the state with continuing, exclusive jurisdiction over the child support order can modify the order unless continuing, exclusive jurisdiction is lost. No other states may modify the order.
