Child Support

Question 1

Who owes child support?

Answer 1

Owed by both parents - parent with custody is presumed to provide so order is entered against non-custodial parent.

Question 2

How is child support calculated?

Answer 2

To calculate child support, most states use child-support guidelines, a mathematical formula based on the income of parents.

If court deviates from guidelines, must give written explanation.

Question 3

Can child support be modified?

Answer 3

Only if party shows a SUBSTANTIAL and CONTINUING change in circumstances making the prior order unreasonable.

Question 4

Jurisdiction over child support orders

Answer 4

Uniform Interstate Family Support Act (UIFSA)

Once a state has issued a child support order consistent with the jurisdiction requirements of the UIFSA, that state’s court has CONTINUING, EXCLUSIVE jurisdiction over the order so long as:

+ the child or any party still resides in the issuing state;
AND
+ All of the parties do not consent to change jx to a new state.

State with continuing, exclusive jx over the order is the only state that can modify the order unless jx is lost.