Child Support and Child Custody

Question 1

When does the obligation to pay child support end?

Answer 1

In all jurisdictions, both parents, regardless of marital status, are required to support their minor children until the child reaches the age of majority or is emancipated. Some jurisdictions continue the obligation through college. Additionally, it can be continued indefinitely for a child incapable of self-support due to a disability.

In most jurisdictions, the obligation may also terminate if the child marries, parental rights are terminated, the child commences active duty military service, or the parent or child dies.

Question 2

Under the doctrine of equitable estoppel, a husband may be required to pay support for his wife’s child even when he is not the biological father when which requirements are met?

Answer 2

1. There is a representation by the husband that he would provide for the child;
2. The wife relied on his representation; and
3. The wife suffered an economic detriment as a result of the reliance

Question 3

What Act provides a court with personal jurisdiction over an out-of-state parent to establish or enforce child support or to determine parentage?

Answer 3

The Uniform Interstate Family Support Act (UIFSA), which has been adopted by every state.

Question 4

What evidence may be used to determine paternity?

Answer 4

1. Blood tests
2. Prior statements regarding paternity by deceased family members
3. Medical testimony on the probability or improbability of conception
4. The defendant’s acknowledgment of paternity
5. In some states, the resemblance of the child to the defendant

Question 5

What is the amount of child support typically based on?

Answer 5

Awards are typically based on income from any source and include wages, interest and dividends, rental income, and other income received, including retirement benefits, capital gains, and Social Security income.

Question 6

When may a court deviate from the child support guideline, and how?

Answer 6

Deviations are permitted as the circumstances warrant. The court must set forth specific findings explaining and supporting the deviation, including the amount that would have been awarded under the guidelines.

Question 7

When may a child support order be modified?

Answer 7

Generally, modifications are permissible when there is a substantial change in circumstances regarding the child’s needs or the parents’ financial situation, and that change is expected to be continuing, rather than temporary. Actual statutory language varies by jurisdiction.

The respective obligations of child support are also adjusted as the possession of a child changes between parents.

Question 8

Who has jurisdiction to modify a child support order?

Answer 8

A state court with continuing jurisdiction may modify an existing order. Another state court may not modify an order rendered by a court of continuing jurisdiction in another state unless the parties, including the child, no longer reside in that state or the parties expressly agree to permit another state to exercise jurisdiction.

Question 9

What is the most important standard in determining child custody?

Answer 9

The best interests and welfare of the child

Question 10

How are child support and spousal support orders enforced?

Answer 10

Support orders are typically enforced through civil contempt, income withholding, or withholding of tax refunds.

Question 11

What custody arrangement is the outcome in a majority of child custody cases and even the statutory presumption in many jurisdictions?

Answer 11

Joint physical custody is preferred, but it does not necessarily require a 50-50 time-sharing arrangement.

Question 12

What is the standard courts apply when determining whether to modify a child custody order?

Answer 12

The majority of jurisdictions apply a change-in-circumstances standard, requiring some substantial and unforeseen change since the issuance of the prior order. Some jurisdictions have also applied time barriers before an application for modification can be filed absent consent or endangerment. The purpose of these considerations is to promote stability in the child’s life.

Question 13

What Act applies to interstate custody disputes, including visitation rights, as well as parental kidnapping cases?

Answer 13

The Parental Kidnapping Prevention Act (PKPA)

Question 14

How are child-custody and visitation orders enforced?

Answer 14

A party seeking enforcement can request assistance through the courts. The court can impose a variety of sanctions, including compensatory visitation, attorney’s fees, court costs, fines, and jail time. Tort damages may also be awarded to a parent for the period of time that the child is wrongfully out of the parent’s custody.

Question 15

When does a court’s exclusive-continuing jurisdiction end?

Answer 15

A court that makes the initial ruling in a custody case has exclusive continuing jurisdiction over the matter until:
1. The parties no longer reside in the state, or
2. The child no longer has a significant connection to the state

Question 16

What is the rule for the special weight given to a fit parent’s decision regarding their children?

Answer 16

A fit parent has a fundamental right to the care, custody, and control of his children. State courts must give special weight to a fit parent’s decision to deny nonparent visitation.

Question 17

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), what is the test to determine if a court has home-state jurisdiction?

Answer 17

A court has subject-matter jurisdiction to preside over custody hearings if the state:
1. Is the child’s home state (the state in which the child has lived for at least 6 consecutive months, or since birth if the child is less than 6 months), OR
2. Was the child’s home state in the past 6 months, and the child is absent from the state, but one of the parents/guardians continues to live in the state.

Question 18

When may a child become emancipated?

Answer 18

To be emancipated, a minor child must be self-supporting and beyond the sphere of influence of his parents or independent of parental control.

Question 19

When may an unwed father be prevented from objecting to an adoption?

Answer 19

The right to object may be denied if the father does not demonstrate commitment to the responsibilities of parenthood. The right to object cannot be denied if such a commitment has been made.

Question 20

What is the purpose of adoption registries?

Answer 20

Some jurisdictions have created adoption registries for the purpose of determining the identity and location of putative fathers and providing notice in the event of an adoption. A putative father’s failure to register within the prescribed period of time constitutes a waiver of his right to notice of the adoption and irrevocably implies his consent to the adoption.