Child Support Flashcards
Child’s Right to Support
Parents CANNOT bargain away child support payments
How Long Does Child Support Continue For?
Until child turns 19
Non-Marital Children
Still entitled to support
Child Support Guidelines
Enacted in every state
Sets child support amounts based upon all income (included imputed income) in the household
Applies regardless of parents’ marital status
Income Shares Model
Child should receive the same proportion of parental income as if parties had continued living together
Child Support Guidelines: Rebuttable Presumption
Rebuttable presumption that the Guideline amount of support is correct
If the court wants to deviate from the Guidelines, it must set forth specific WRITTEN FINDINGS explaining and supporting the deviation, including a finding of what the amount would have been under the Guidelines
Factors Used in Determining Amount of Child Support
(1) AGE of the children;
(2) NUMBER of children;
(3) ASSETS of parties;
(4) SUPPORT OBLIGATIONS of parties;
(5) MEDICAL EXPENSES not covered by insurance;
(6) DURATION of the marriage; and
(7) BEST INTERESTS of the child
Overnight Parenting Credit
Credit to non-custodial parent for number of overnights per year spent with the child
Medical Insurance
Cost of providing medical insurance for the child is included in the child-support award
College Expenses
Courts may award educational support for levels up to and including college expenses
Court will consider:
(1) CHILD’S ABILITIES; and
(2) PARENT’S FINANCES
Enforcement of Child Support in Another State
A child support order entered in one state can be REGISTERED and enforced in another state
Termination of Support
Obligation ends when child turns 19
Court can order continued support for child in college or child with mental or physical disabilities
Tax Consequences
Not a deduction
Not included as income
Dependent exemption generally goes to custodial parent
Enforcement of Awards: Civil Contempt
If a party intentionally violates a support order, non-paying parent may be jailed until payment is made
Enforcement of Awards: Criminal Contempt
A jail sentence and/or fine may imposed for willful failure to pay
