Child support Flashcards
Child support
Payment by one parent to the other for support of minor child
Generally ends when child turns 18 or if child is emancipated. Can last up to 20 if child still in high school.
Obligation shared by both parents
The obligation applies to all children
Child support obligation is separate from custody and visitation rights.
Stepparents don’t generally have a duty to support stepchildren. However, may arise if stepparent acts in loco parentis.
Grandparents responsibilities
Parents of a minor unemancipated child who is the parent of a child will share primary liability for the grandchild’s support w/ the minor child until the minor parent reaches age of majority or becomes emancipated.
Uniform Interstate Family Support Act
UIFSA
Every state has adopted it; applies to court proceedings regarding child support and parentage determinations.
Long arm provisions so court can get PJ over out of state parent.
Amount of child support
The CS guidelines are based on the income shares model. Child should receive same proportion of parental income as if the parents continued to live together.
Guidelines apply in all cases regardless of parent’s marital status.
Rebuttable presumption that the amount set by guideline is correct. If the court departs from the guidelines it must set forth specific findings.
If parent is unemployed or under employed it may impute income to the parent to set the child support obligation.
Child support payments do not count for tax purposes.
Modification of child support
NC permits an award of CS to be modified at any time.
Party seeking mod must show a substantial change in circumstances regarding child’s needs or parent’s financial situations.
Burden to substantiate change is on parent seeking mod.
Modification is generally prospective, but retroactive increase in CS may be granted when there is a material change in circumstances affecting welfare of a child brought on by sudden emergency.
Retroactive deceases are prohibited by federal law
Termination of support
A parent’s obligations end typically when child reaches 18
No obligation to pay for collect past 18, may K to do so
CH can last until 20 for child still in HS
CS ends if paying parent’s rights judicially terminated
CS ends at death of child or parent
Court may required paying parent to take out life insurance policy that twill benefit child in event of death.
CS ends if the child marries or joins the military
Ends if legally emancipated
When does a court have jurisdiction over child support?
Once a state court enters a CS order, the stat has continuing jx over the CS so long as the sate has a connection to the parents or child.
Even if another state can exercise jx to modify a CS award, the second state can’t modify the order in a contrary manner to the law of the state that issued the order.
Uniform Interstate Family Support Act
UIFSA applies when the obligor or the child lives in a different state from the one that the original order was issued.
Allows an order to be registered in another state
Only the issuing state may modify the original support order.
The second state’s responsibility is simply to enforce the order.
Every state adheres to this
