Child Support

Question 1

Child Support - Generally

Answer 1

• both parents share equally a duty to support their children
• in general, parent must pay based on ability to pay + the needs of the child

Question 2

Child Support Guidelines

Answer 2

• to determine amount of award of support to the custodial parent, cts usually refer to child support guidelines
  -> contain charts that consider the number of children + the parents’ incomes
• courts can deviate from the guidelines, including to include health insurance for the children + to cover extraordinary medical expenses
• in ex in book, parent contribution is essentially proportional to however much of the gross income per month that parent makes up for (if combined income is $5,000 + parent 1 makes $2,000 of that, their contribution to child support would be 40%)

Question 3

Support and Visitation

Answer 3

• child support ob is independent of noncustodial parent’s visitation rights
• visitation cannot be withheld b/c of failure to pay child support

Question 4

Support of Parent

Answer 4

• in some states, children have a duty to support their elderly parents

Question 5

Duration of Child Support

Answer 5

Duty to support child ceases upon:
- child reaching age of majority (usually 18)
- death of child
- emancipation of child
- termination of parental rights

• note though that child support may be indefinite for a severely disabled child

Question 6

Emancipation - Legal Concept

Answer 6

• removal of the disabilities of minority
• after emancipation, the child is considered an adult
• most states consider married minors to be emancipated

Question 7

Child Support Duration - Education

Answer 7

• some courts require child support payments up to a certain level of ed (ex: until high school graduation even if child is over 18)
• courts will enforce agreements to pay for college, but won’t extend child support into college
  -> some have also held that statutes requiring a parent to pay for college are unconstitutional

Question 8

Uniform Interstate Family Support Act

Answer 8

• UIFSA
• has been adopted by all 50 states
• provides methods of enforcement + guidelines for modifications of support orders issued in another state

Question 9

Child Support Orders - Original Jurisdiction

Answer 9

• proper where the first petition under UIFSA is filed

Another state can exercise jur only if:
- the second petition is filed before the time to answer the first has expired
- the petitioner objected to jur in the first action
- the second state is the child’s home state

Question 10

Child Custody Orders - Jurisdiction to Enforce

Answer 10

• court that initially issued the order has jur to enforce, + UIFSA helps parties enforce orders in other states

Another state can enforce a child support order in two ways:
- direct enforcement
- registration

Question 11

Child Support Orders - Other States + Direct Enforcement

Answer 11

• direct enforcement allows obligee to mail the order to the obligor’s out-of-state employer -> automatically triggers withholding unless there is a timely objection

Question 12

Child Support Orders - Other States + Registration

Answer 12

• UIFSA provides for this
• issuing state sends order to the state where the obligor resides -> it’s registered + filed as a foreign judgment, + then the order is subject to the same enforcement procedures as if the order had been issued in that state

Question 13

Child Support Orders - Jurisdiction to Modify

Answer 13

• generally, court that issues the controlling child support order has continuing + exclusive jur to modify it
• role of a court in another state is only to enforce the original order, unless no party resides in the issuing state or the parties to consent to jurisdiction elsewhere

Question 14

Modification of Child Support Awards

Answer 14

• modifiable based on “substantial + continuing change of circumstances” affecting the needs of the child or the ability of the parent to pay
  ->ex: changes in employment, growth of the child, inflation, income, retirement, or disabling illness
• voluntary reduction in income NOT ground for modification
• under federal Full Faith + Credit for Child Support Orders Act, full faith + credit must be given to child support orders of a court in another state
• past due installments of support cannot be retroactively modified

Question 15

Tax Consequences of Child Support Orders

Answer 15

• child support orders = not taxable events

Question 16

Enforcement of Awards

Answer 16

• child support awards (and alimony) may be enforced by holding the nonpaying party in contempt of court (usually civil contempt, but may be criminal if failure to pay is willful)

Other sanctions include:
- interception of the noncomplying parent’s tax refund
- forfeiture of a range of licenses (driver’s license, law license, hunting license)
- seizure of real estate
- attachment of wages
- an order to pay attorneys’ fees