Children

Question 1

What is UCCJEA?

Answer 1

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies. This is divided into a few tests:
1. The home state test: The “home state” has exclusive jurisdiction to modify a custody decree.
Court has SMJ if:
 It’s the child’s home state (where child has lived with parent for at least 6 consecutive months prior to proceeding), or
 Was the child’s home state in the past 6 months, and the child is absent from the state, but one of the parents still lives there. A home state continues to have exclusive jurisdiction to issue a custody order for six months after a child leaves the state, so long as a parent, or person acting as a parent, still lives in the home state.

2. The significant connections test: if a child has no home state, a state may exercise jurisdiction based on (1) “significant connections” with the child and at least one parent and (2) the existence of “substantial evidence” relating to child custody in the forum jurisdiction.
3. Emergency jurisdiction or default jurisdiction: if no other state has an excessive jurisdiction,this test applies.

Question 1

What is UIFSA?

Answer 1

The Uniform Interstate Family Support Act (UIFSA) governs child support. This Act has been adopted by all states. Once an order is registered, it may be enforced by any state. The state that originally issued a child support order has continuing exclusive jurisdiction to modify that order if the state remains the residence of the obligee, the child, or the obligor, and at least one of the parties does not consent to the jurisdiction of another forum.

A court obtains PJ over an out-of-state parent pursuant to the long-arm statute.

Question 2

A court with initial or exclusive-continuing jx may decline jx after considering these factors:

Answer 2

• Whether domestic violence has occurred
• Length of time child has lived outside of jx
• Distance b/n competing jx
• The parties’ relative financial circumstances
• An agreement of the parties re which state should assume jx
• Nature and location of the evidence required to resolve the pending litigation
• The ability of each state’s court to decide the issue expeditiously and the procedures necessary
• Familiarity of each state’s court with the facts and issues in the pending litigation

Question 3

What is PKPA?

Answer 3

Parental Kidnapping Prevention Act

Applies to parental kidnapping and civil interstate custody disputes (including visitation rights). Takes precedence over any conflicting state law.

Question 4

How can the court change a child support order?

Answer 4

when there is substantial change in circumstances re child’s needs or the parents’ financial situation and the change is expected to be continuing rather than temporary.
 Ex. Change in job, remarriage, increase in income, or decrease in health.

A court will only modify child support amount prospectively, from the date of the motion moving forward (future payments). Child support cannot be modified retroactively unless there was fraud or other compelling circumstances.

Question 5

When is child support terminated?

Answer 5

When the child turns 18, if child marries, the child commences active duty in the military, or parent/child dies.

Question 6

How does the court determine child support calculations?

Answer 6

Income-shares model: Majority > a child should receive the same proportion of parental income as if the parties still lived together

Sources:
 Wages
 Interest and dividends
 Rental income
 Retirement benefits
 Capital gains
 Social Security

Question 7

Can the paying parent monitor how the money is spent?

Answer 7

NO! Once a child-support award has been paid, the obligor is NOT permitted to monitor how the money is spent.

Question 8

How is paternity determined?

Answer 8

 Blood test (If indigent, state will pay)
 Prior statements re paternity by deceased family members
 Medical testimony on the probability of improbability of conception
 Defendant’s acknowledgement of paternity
 Some states, resemblance of the child to the defendant

Question 9

How is child custody determined?

Answer 9

custody is determined by looking at the best interest of the child. This typically requires looking at factors such as the wishes of the child’s parents, the child’s primary caretaker, the mental and physical health of all individuals, the interrelationship of the child and parents, stability, and whether there is any domestic violence.