Children Flashcards
What is the marital presumption?
Children born during marriage are presumed to be the child of both spouses
When does the statute of limitations run for paternity suits?
Once the child reaches 18. It is tolled prior to then
What are the three models used to calculate child support?
(1) Income shares
(2) Percentage of income
(3) Melson formula
What is the income shares model?
The child should receive the same proportion of parental income that she would receive if the parents lived together
What is the percentage of income model?
Sets support as a percentage of the noncustodial parent’s income
What is the Melson formula?
Similar to the income shares model, but also accounts for the minimum amount each parent must retain to meet their own basic needs
What is the majority approach for child support?
Income shares
How may a child support order be modified?
By showing a substantial change in circumstances
What are the two most common changes in circumstances to modify a child support order?
(1) Change of income
(2) Remarriage
Can past due child support payments be modified?
No, but they may be forgiven
What does the Uniform Interstate Family Support Act do?
Prevents parents from avoiding child support obligations by moving states
Under the UIFSA, what is the issuing state’s relationship to a child support obligation?
Retains continuing and exclusive jurisdiction to modify the support order so long as:
(1) A parent or child resides in the state; or
(2) The parents consent that the state has jurisdiction to modify the order
Under the full faith and credit clause, when must other states enforce support orders?
(1) Original court had proper jurisdiction
(2) Parties were given reasonable notice and an opportunity to be heard
If another state modifies a support order, whose law must that state follow?
The law of the issuing state
How can courts obtain PJ over an out-of-state parent
(1) Service within the state
(2) Consent
(3) Residence in the state with child
(4) Residence in state while paying support
(5) Directed child to live in the state
(6) Conception in the state
(7) Parentage registered in the state
(8) Any other constitutional basis