child support

Question 1

theory of child support

Answer 1

Parents owe a duty of support to their minor child.

Question 2

who pays child support

Answer 2

non-custodial parents.

Question 3

when can child support be demanded

Answer 3

typically demanded as collateral consequence of marriage dissolution or paternity proceeding

but, may be sought any time if necessary and justified

Question 4

length of obligation of child support

Answer 4

• Until the child is age 18 if they are out of high school
  or
• If the child is still in high school, until graduation or age 19, which-ever comes first

UNLESS child cannot be self-supporting = lifetime

Question 5

standard of compliance with child support decree

Answer 5

strict compliance

cannot pay directly to child

overpayments cannot be deducted from future payments

Question 6

child support guidelines

Answer 6

PRESUMPTION: guidelines provide a presumptive amount that serves as a starting point for determining child support obligations based on parental income and number of children

DEVIATION FROM GUIDELINES
– court must make findings on the record

FACTORS
– special needs
– economic circumstances
– income
– monetary support of other family members
— custody arrangement, visitation travel
— imputed income
– child care costs incurred because of work
— debts for child’s benefit
— capital gains
— Child’s resources
– tax conseqeuences
– standard of living
– earning capacity

any factor that effects the equity of the support obligation

Question 7

child support agreements

Answer 7

agreement between parents

subject to judicial review, oversight, and modification (parties may bind themselves but not their children)

Question 8

modification of child support order

Answer 8

standard: change of circumstances

EXAMPLES:

parental generosity rule = when noncustodial parent’s income increases, you may argue that child support should also increase

inflation

NOT obligations to new spouse and children

only prospective modification

Question 9

the uniform interstate family support act

ENFORCING CHILD SUPPORT IN OTHER STATES

Answer 9

UIFSA allows child support orders entered in one state to be enforced in another

how to enforce:
(1) direct enforcement
– obligee (custodial parent) mails the order to obligor’s out of state employer, automatically triggering withholding, unless timely objection

or

(2) registration
– issuing state sends the child support 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 it had been issued in that state

Question 10

the uniform interstate family support act

jurisdiction

Answer 10

only one controlling, enforceable support order exists at any given time.

The state that issued the first support order has continuing exclusive jurisdiction over the matter so long as any party (that is, either parent or the child) continues to live there.

other states must defer

Question 11

child support enforcement mechanisms

Answer 11

wage reduction

seizure of property

contempt

interception of tax refunds (state and federal)

suspenses of licenses

criminal sanctions (in VA can be a crime to fail to pay child support)