Child Support Flashcards

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1
Q

Will an agreement by parents that does not meet the needs of a child be enforced by a court?

A

no

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2
Q

In determining the baseline level of support for a child, what do most jurisdictions take into consideration?

A

the number of children and the income of the parents.

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3
Q

When can a court deviate from the child support guidelines?

A

when it is in the best interests of the child.

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4
Q

Generally, child support must be paid until the child reaches the age of . . .

A

18

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5
Q

Does child support have to be paid after the child dies?

A

no. Death of the child terminates all child support.

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6
Q

If a child is emancipated, must child support continue to be paid?

A

no

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7
Q

Where a parent’s parental rights are terminated, must the parent still pay child support?

A

no

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8
Q

Where a child is over the age of 18, but is still in high school, must child support still be paid?

A

yes

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9
Q

Child support may continue for some longer period if the child . . .

A

has a disability

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10
Q

What court has original jurisdiction over a child support petition?

A

wherever the first petition under UIFSA is filed.

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11
Q

When can another jurisdiction hear a petition for child support?

A

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.

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12
Q

What court has jurisdiction to enforce a child support petition?

A

the issuing court has continuing jurisdiction to enforce a child support petition.

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13
Q

How can a child support order be enforced in another state?

A

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.

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14
Q

What court has jurisdiction to modify a child support order?

A

the issuing court has continuing exclusive jurisdiction to modify a child support order.

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15
Q

How can another court get jurisdiction to modify a child support order?

A

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.

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16
Q

When will a child support order be modifiable?

A

where there is a substantial change of circumstances affecting the needs of the child or the ability of the parents to pay.

17
Q

Will a voluntary reduction in income be grounds for modifying a child support order?

A

no

18
Q

Can child support payments be taxed?

A

no

19
Q

A spouse who does not make child support payments can be . . .

A

held in contempt of court.

20
Q

If a parent fails to pay child support, can their visitation rights be withheld?

A

no

21
Q

Must a state give full faith and credit to another state’s child support order?

A

yes, if the issuing court had jurisdiction over the matter and the parties.

22
Q

Can child support be modified retroactively?

A

no