Child support Flashcards
What is the support obligation based on?
The combined monthly income of the parties & the # of people being supported
If the person initiating the child support action does not have a duty to support the minor how is the support obligation calculated
public bodies and private entities are also treated this way
Still use monthly income of the parents, the 3rd party’s income shall not be considered
How is child support to a 3rd party apportioned?
The parent’s respective monthly income, they each pay their proportionate share as separate obligors
What does it mean when the the statute calls child support a priority obligation?
a party is expected to meet this obligation by adjusting the party’s other expenditures
What is the lowest amout alimony or spousal support can reduce a person’s net income to?
$1,063
What is gross monthly income based on
At least a 6 month average of a party’s income
What are some sources that are deemed income
- pensions and all forms of retirement
- benefits, not including military
- entitlements to money or lump sum awards
What is not considered income?
- Public Assistance and SSI Benefits
- Child’s Social Security Derivative Benefits
What is deducted from the monthly income calculation?
- Income taxes
- Unemployment compensation & local services taxes
- F.I.C.A payments
- mandatory union dues
- alimony paid to other party
Will a voluntary reduction in income reduce a support oblihgation?
No, even when the party changes employment status to pursue an education.
Will an involuntary reduction in income reduce a support oblihgation?
adjustemnts will be made for substantial continuing involuntary decreases in income but not for normal fluctuations in earnings.
How are support orders calculated for seasonal employees?
A yearly average
When will a party’s earning capacity be uses instead of their monthly income?
if the trier of fact determines they have willfully failed to obtain or maintain appropriate employment
requirements for a deviation from support amounts determined by the guidelines
the trier of fact shall specify in writing or on the record, the guideline amount of support, & the reasons for, & findings of fact justifying the amount of the deviation.
What is requiered for a petition to modify an existing support order?
material and substantial change in circumstances upon which the petition is based
The two material changes in circumstances specifically stated in statute
- A new or revised support guideline that cause a new guideline amount
- existence of additional income, income sources or assets identified through automated methods or otherwise
What information will be sought within 6 months of the child turing 18?
- confirmation of the child’s date of birth, date of graduation or withdrawal from high school
- whether the child has left the obligee’s household and, if so, the date of departure
- any agreement between the parties requiring payments for the benefit of the child after the child has reached age eighteen (18) or graduated from high school
- any special needs of the child which may be a basis for continuing support for that child beyond the child’s eighteenth birthday or graduation
How shall a support order be enforced?
income withholding, imposing liens on real property, attaching and seizing assets, initiating contempt proceedings, increasing the amount of monthly support payments for payment.
