Child Support Flashcards
Will an agreement by parents that does not meet the needs of a child be enforced by a court?
no
In determining the baseline level of support for a child, what do most jurisdictions take into consideration?
the number of children and the income of the parents.
When can a court deviate from the child support guidelines?
when it is in the best interests of the child.
Generally, child support must be paid until the child reaches the age of . . .
18
Does child support have to be paid after the child dies?
no. Death of the child terminates all child support.
If a child is emancipated, must child support continue to be paid?
no
Where a parent’s parental rights are terminated, must the parent still pay child support?
no
Where a child is over the age of 18, but is still in high school, must child support still be paid?
yes
Child support may continue for some longer period if the child . . .
has a disability
What court has original jurisdiction over a child support petition?
wherever the first petition under UIFSA is filed.
When can another jurisdiction hear a petition for child support?
another jurisdiction can hear a petition for child support only where 1) the second petition is filed before the first petition can be answered; 2) the petitioner objected to the first petition; or 3) the second state is the child’s home state.
What court has jurisdiction to enforce a child support petition?
the issuing court has continuing jurisdiction to enforce a child support petition.
How can a child support order be enforced in another state?
by direct enforcement, i.e. wages being withheld; or by the obligee registering the child support order in the state of the obligor, thereby making it subject to enforcement by that state’s courts.
What court has jurisdiction to modify a child support order?
the issuing court has continuing exclusive jurisdiction to modify a child support order.
How can another court get jurisdiction to modify a child support order?
a different court can have jurisdiction to enforce a child support order if 1) no spouse lives in the issuing state; or 2) the parties consent to another state’s jurisdiction.