Child Support Flashcards
Do both parents share the duty to support the child?
Yes
How is child support determined?
The amount of the award to support the custodial parent is arrived at by the use of a formula based on the number of children, their ages, and special needs, and the parents incomes. parties may also be ordered to provide medical insurance for the children
Can visitation be withheld if they don’t pay child support?
No
When does the duty to pay child support terminate?
the child’s emancipation, marriage, termination of parental rights, or the death of the supporting parent. it may be indefinite for a severely disabled child.
What if payor spouse quits his job?
Not sufficient to have a spousal support reduced.
How are child support orders modified?
it is modifiable based on a substantial change in circumstances affecting the needs of the child, or ability of the parent to pay
Can overdue payments be modified?
No
How are child support orders enforced?
holding non paying party in contempt of court, judgment, seizure of real estate, attachment of his wages, and the order to pay attorneys fees, wage withholding, interception of the parents tax return, refusal of a professional drivers license.
What is mediation?
the court will refer the parties to a divorce action to a court-approved mediator.
What is a mediator?
A mediator is a neutral party who helps the divorcing parties work through such issues as child support, custody, and visitation.
What are the mediator duties?
she must explain the mediation process, including the right to independant counsel to the parties, ensure that the parties have enough information for informed decision making; be impartial and disclose any potential bias and control for any power inbalance between the parties.