Child Support/Child Custody Flashcards
General Duty to Support
Parents share an equal duty to support their child, usually based on their ability to pay and the needs of the child.
Child Support Guidlines
Most courts follow the child support guidlines. Under the guidelines, the court will consider (1) how many kids there are, and (2) the gross income of the family. Each spouse will be responsible for the child support in proportion to their gross income.
True or false: visitation rights can be withheld for failure to pay child support.
False. The obligation to pay child support is independent of the noncustodial parents visitation rights.
When does the obligation to pay child support cease?
- Child reaches age of majority (18)
- Death of child
- Emancipation (considered a legal adult, can occur through a minor marrying).
- Termination of Parent rights.
Note: child support may be indefinite if the child is severely disabled.
Who has original jurisdiction over child support orders?
Wherever the first petition under the Uniform Interstate Family Support Act is filed.
How does a second court gain jurisdiction?
(1) a second petition is filed before the time to answer the first has expired
(2) the second petitioner objected to jurisdiction in the first action, and
(3) the second state is the child home state.
Who can enforce child support orders?
Whichever court initially issued the child support order has jurisdiction to enforce.
However, another state may enforce in two ways:
- Direct Enforcement: The obligee (person to receive support) can mail the order to the obligor (person to pay) out of state employer, automatically triggering withholdings unless there is a timely objection.
Or
- Registration: Under UIFSA, the issuing state can file the order with another state, and it will be considered a foreign judgment that is granted the same level of enforcement.
Who has the jurisdiction to modify a child support order?
Only the original court that issued the support order. Other states power over the order is limited to jurisdiction.
What justifies a modification in Child Support
Child support can only be modified when there is a substantial and continuing change of circumstances affecting the needs of the child or the ability of the parent to pay.
Generally, this includes changes in employment, growth of child, inflation, income, retirement, or disabling illness.
Voluntary reduction in income (quitting a job, or quitting a high paying job to take a low income job) is not enough.
What is the Uniform Child Custody Jurisdiction and Enforcement Act?
the UCCJEA is intended to
- Avoid jurisdiction disputes about custody and visitation
- Promote interstate cooperation
- Facilitate the interstate enforcement of custody an visitation orders
How is jurisdiction over custody determined?
Start with the Home State test, which states that a court has initial jurisdiction to enter or modify child custody or visitation rights if it is the child’s home state, or it was the child’s home state in the past sixth months, but they no longer reside there, and a parent still lives in the state.
A child is considered “at home” if they lived with a parent in the state for at least six consecutive months immediately before the commencement of the proceeding.
How is jurisdiction determined if the “at home” test does not apply?
A state can exercise jurisdiction to enter or modify a child custody or visitation order if no other state has, or accepts, jurisdiction over the matter and the child and at least one parent has a significant connection with the state, and substantial evidence concerning the child is in the state.
Who can modify existing decrees?
Generally, only the originally issuing court can modify a decree. However, if no child or parents continues to reside in the issuing state OR the child no longer has a significant connection with the issuing state and substantial evidence relating to the matter is no longer available in the issuing state, another state may modify.
Can a court deny jurisdiction?
A court with jurisdiction under the appropriate test can decline jurisdiction if:
- Determine the forum is inconvenient under the circumstances and another forum is more convenient, or
- Where one of the parties seeking to invoke jurisdiction has engage in unjustifiable conduct.
