Child Support

Question 1

General Principles

Answer 1

1-both parents share equally the duty to support their children based on the child’s need and the ability of the parent to pay
2-courts have less discretion because of the proliferation of child support guidelines
3-majority of jurisdictions follow the income shares approach which considers the number of children and income of the parents
4-courts given discretion to add amounts for health insurance and other extraordinary educational expenses–courts can deviate from guidelines if in best interest of child
5-child support is paid independent of visitation

Question 2

Duration of Child Support

Answer 2

1-generally, age of majority OR
2-death of child OR
3-emancipation of child OR
4-termination of parental rights
5-some states allow child support to continue past 18 if child still in high school until some age or completion of education
6-support may continue for some longer period if the child is disabled

Question 3

Jurisdiction of Child Support Orders

Answer 3

1-the Uniform Interstate Family Support Act (UIFSA) has been adopted by all 50 states and DC to simplify the collection of child support when the parties move out of state
2-original jurisdiction
i-jurisdiction is proper where the 1st petition under UIFSA is filed
ii-another state can only exercise jurisdiction if:
a-the 2nd petition is filed before the time to answer the first has expired
b-petitioner objected to jurisdiction in 1st action
c-2nd state is child’s home state
3-jurisdiciton to enforce:
i-issuing court has continuing jurisdiction to enforce
ii-another state can enforce by
a-direct enforcement (obligee mails the order to the obligor’s employer in another state & employer will withhold wages)
b-registration (child support order is registered in another state and is then subject to enforcement in that state
4-jurisdicition to modify
i-once the court enters a valid child support order it maintains continuing exclusive jurisdiction during the life of the order unless no parties reside in the issuing state or the parties consent to another state’s jurisdiction

Question 4

Modification of Child Support Orders

Answer 4

1-child support is modifiable based on a substantial change of circumstance affecting the needs of the child or the ability of the parents to pay
2-like spousal support, a voluntary reduction in income will not be a ground for modification–past due child support can’t be modified

Question 5

Tax Consequences of Child Support Orders

Answer 5

1-child support payments are not income and not deductible

Question 6

Enforcement of Child Support Awards

Answer 6

1-child support can be enforced through traditional civil and criminal contempt proceedings
2-as a result of fed legislation, parties may seize property, use wage withholding, intercept tax refunds, and revoke licenses to enforce child support payments