child support/conserv

Question 1

modification (heavily tested)

Answer 1

• a court with continuing JX can modify a child support order if:
  1) there ha been a material and substantial change in circumstances or
  2) it has been 3 years since the date of the order and the modification differs by 20% or $100/month

courts cant retroactively modify child support orders. amounts that have become due before filing the motion to modify cannot be altered

Question 2

enforcement-mandatory wage withholding

Answer 2

• required to be included in the final child support order
• can be waived or deferred but acts as a default
• cannot exceed 50% of the obligor’s disposable income
• in paying arrearages, a court can order an additional 20% withheld but not exceed the 50%
• the employer has a statutory duty to withhold the court ordered amount

Question 3

money judgment

Answer 3

• obligee can file a motion requesting a money judgment for child support
• amount in arrears automatically becomes a money judgment

Question 4

suspension of licenses

Answer 4

• can include
  1) license to possess and handgun
  2) driver’s
  3) hunting and fishing
  4) occupational
  5) professional
• suspends until arrearages are paid

Question 5

child support liens

Answer 5

• only prop that is excempt is the obligor’s residential homestead
• obligor’s personal prop is not exempt from a child support lien

Question 6

contempt

Answer 6

• motion for constructive contempt because not done in the presence of the court
• remedies can be 6 months in county jail and/or a $500 fine for each count of contempt
• can assert an affirmative defense of impossibility*

Question 7

interstate enforcement

Answer 7

• a suport order registered under UIFSA (Uniform Interstate Family Support Act ) allows TX to give full faith and credit to orderes from others states as long as:
  1) that court had SMJX and PJX over the parties AND
  2) parties were given reasonable notice and the opp to be heard

Question 8

court costs and atty fees

Answer 8

-may require an obligor to pay reasonable costs and fees to the obligee in an action to enforce a chid support order.

Question 9

managing conservatorship (highly tested)

Answer 9

• parent with primary possession has a managing conservatorship (SMC) or a JMC with another person
• primary consideration= BIOTC
• court can consider child’s preference

Question 10

presumption- JMC

Answer 10

• presumption that a parent should be appointed as a managing conserv
• TX- a court MUST appoint a parent as MC unless it would significantly impair the child’s physical health or emotional development
• strong presumption that siblings should be kept together
• cannot discriminate on basis of gender or marital status

Question 11

rights of Sole Managing Conservator

Answer 11

i) The right to designate the child’s primary residence;
ii) The right to consent to medical, dental, and surgical treatment involving invasive procedures;
iii) The right to consent to psychiatric and psychological treatment;
iv) The right to receive periodic child support payments;
v) The right to represent the child in legal action
vi) The right to consent to marriage or enlistment in the armed forces;
vii) The right to make decisions concerning the child’s education;
viii) The right to the child’s services and earnings; and
ix) Except when a guardian of the child’s estate or a guardian or attorney ad litem has been appointed for the child, the right to act as the child’s agent in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government.

Question 12

other factors for placement

Answer 12

i ) The child’s desires;

ii) The parental abilities of the individuals seeking custody;
iii) The child’s present and future emotional and physical needs;
iv) The emotional and physical danger to the child now and in the future;
v) The stability of the proposed home environment;
vi) The programs available to assist the individuals seeking custody to promote the best interest of the child;
vii) The individual’s plans and opportunities for the child; and
vii) Acts or omissions by a parent showing he is less fit than the other parent, and any excuses for those acts and/or omissions of the parent.

Question 13

JMC

Answer 13

• presumed to be the best plan for the children

- parents can share or split the rights of a SC or can require consent for certain decisions