Child Support

Question 1

Why do we give child support?

Answer 1

Children are entitled to child support from their parents, regardless of whether they are married. The state has an interest in ensuring the child is supported so they do not become wards of the state

Question 2

How long must child support be given?

Answer 2

Until the child is emancipated or reaches the age of majority (18)

Question 3

What is the presumption regarding paternity?

Answer 3

The marital status of the husband and wife gives rise to the presumption that a child born during the marriage are children of the husband and wife.

Question 4

What are some rebuttals to the marital presumption of paternity?

Answer 4

Impotence, no access to wife, sterility

Question 5

What is paternity be estoppel?

Answer 5

If the husband finds out he is not the father of the child, he is estopped from refusing to pay child support if certain conditions are met.

Question 6

What are the elements to paternity by estoppel?

Answer 6

1) There has been a representation by the husband that he will pay child support
2) There was reliance upon that representation
3) Wife/mother and child would suffer economic detriment as a result of that reliance

Question 7

What is the Uniform Interstate Family Support Act?

Answer 7

States may exercise personal jurisdiction over a parent residing in another state. Further, the state in which the child was conceived has jurisdiction over the father regarding paternity actions and child support

Question 8

What are the four models for the amount of child support?

Answer 8

1) Income shared (majority)
2) Percentage of income (minority
3) Melson Formula (minority)
4) American Law Institute

Question 9

What is the income shared model?

Answer 9

The total income that each parent makes determines the correct percentage (combined net income of both parents)

Question 10

What is the Percentage of Income model?

Answer 10

Percentage of the non-custodial income

Question 11

What is the Melson Formula?

Answer 11

Based upon the available income of the parent v. gross income

Question 12

What is the ALI model?

Answer 12

A percentage of income model that also takes into account consideration of the time a parent spends with a child

Question 13

What are other basic considerations the courts will look at in making child support determinations?

Answer 13

1) Age of the children
2) Number of children
3) Special needs children
4) Support education
5) Available assets
6) Medical Expenses
7) Standard of living currently provided
8) What is in the best interest of the child

Question 14

What is required to modify child support?

Answer 14

There must be a substantial or significant change in circumstances (typically not voluntary change)

Question 15

When is child support terminated?

Answer 15

When the child reaches the age of majority (some require through college), or the child is emancipated

Question 16

Under the Uniform Interstate Family Support Act, what is the jurisdiction to modify child support?

Answer 16

Expands the long arm statute over non-resident parents to enforce a child support order.

Question 17

Where is there continuing jurisdiction to modify a child support order?

Answer 17

The child’s home state/domicile, as long as one parent still resides there

Question 18

Are child support payments taxable?

Answer 18

No

Question 19

Are child support orders enforceable in a state to which a parent moves?

Answer 19

Yes, under UUIFSA

Question 20

What are remedies for not paying child support?

Answer 20

1) Civil contempt
2) Criminal contempt
3) Wage garnishment
4) Suspend driver’s license
5) Withhold tax refunds