child support

Question 1

who must pay

Answer 1

• divorced non-custodial parents
• unmarried parents

Question 2

entitlement of child

Answer 2

even when there is no relationship with a parent; as long as child has a need for support, parent has a duty

Question 3

does child support apply to stepparents?

Answer 3

yes, according to the minority rule; step-children not excluded from federal definition

Question 4

can child support be applied retroactively?

Answer 4

yes, depending on jurisdictions

Question 5

how long can child support be applied for?

Answer 5

until child reaches majority (18)
death of parent/child before majority age

Question 6

can child support be waived in a contract

Answer 6

no, the ‘best interest of the child’ standard applies

Question 7

how much child support can be applied?

Answer 7

3 model:
1. income shares formula
2. percentage of the obligor formula
3. melson formula

Question 8

income shares formula?

Answer 8

child need is allocated between the parents in proportion to their income
(time-share also a factor)

Question 9

percentage of the obligor formula?

Answer 9

fixes child support as a set percentage of the parents gross or net income, depending on the number of children supported

Question 10

Melson formula?

Answer 10

• first sets aside a portion of the obligors income to pay for the obligors own basic need
• then requires that a portion of remaining income be shared with children

Question 11

child support

Answer 11

• entitlement of child/duty of biological parent
• child support due even where there is no knowledhe about childs existence, no parent-child relationship
• compulsoru paternity testing constitutionallyy acceptable
• contracts waiving child support are invalid, contracts extending child support are valid

Question 12

Post Divorce litigation

Answer 12

• modification of child support
• enforcement of child support

Question 13

modification

Answer 13

• substantial/material changes in childs needs
• involuntary changes changed in parents income

voluntary changes must be substantial and in good faith
* cannot be as a result of his own misconducy

Question 14

are deviations to child support allowed?

Answer 14

yes, not automatically tho.
- must have evidence that obligation is unjust, inappropriate, or against the child’s best interests
- decisions will not be reversed absent an abuse of discretion (unrsbl, arbitray, or unconscionable)

Question 15

enforcement

Answer 15

• court would withold orders, wages assignments
• fed law remedies
• wheel boots
• shame campaigns
• ## civil contempt sanctions, even leading to incarceration