Child Support Flashcards
Can Mother seek child support from man she was married to when child was born?What is the legal basis of this claim, any relevant standards of proof, any potential defenses, and factors court should consider in making child support determination.
Mother can seek support because he is presumed father, because the child was born during their marriage. There is a presumption of paternity. Even if, or even though, man is not biological father, he cannot overcome the presumption of paternity because there is no mention of disavowal. (he may disavow within one year prescription period of disavowal. He had one year from birth to file action to disavow, because he didn’t, the presumption is irrebutable.) Man will be responsible for paying child support.
To determine how much man will be required to pay, the court will consider the needs of the child and the ability of parents to provide support. Lousiana adopted child support guidelines using the income shares model, and the court will consider the combined income of both parents to arrive at a basic child support obligation. From this basic obligation, the court will ad the cost of health insurance, childcare costs, extraordinary medical, and other extraordinary expenses to arrive at a total child support obligation. The parents will be responsible for their share based on share of total income they earn.
Explain income shares model.
Court determines gross income of both parties, subtracts preexisting child support or spousal obligation. Those incomes are combined then given a percentage of each party’s share. Court looks to support scheduled for obligation, adds cost of insurance, child care, etc. Applies percentage to compute each party’s share. May adjust if child with nondomiciliary more than 73 days a year.
An action for disavowal of paternity prescribes one year:
a. after the husband learns or should have learned of birth of child if he lived separate and apart from the mother continuously during the 300 days immediately preceding the birth
b. after birth of child unless he lived separate and apart from mother continuously during the 300 days immediately preceeding birth of child
c. after husband is notified in writing that a party in interest has asserted that the husbnd is the father of the child
d. after the husband dies if the husband dies within one year after he learns or should have learned of birth of child
D. an action for disavowal of paternity prescribes one year after the man dies if he dies within one year after he learns or should have learned of birth of child
Explain when an award for child support is to be made effective.
An award for child support is effective retroactively to the date of judicial demand except for good cause shown. In no case is it effective prior to the date of judicial demand. The order is retroactive to date of filing petition unless good cause shown. Modification is based on proof of material change between time of award and time of motion to modify.
