Chp 11: Child Support Flashcards
Which of the following represents the most significant, continuing financial relationship between most separating or divorced couples?
Child support.
Exp: “[C]hild support has replaced spousal support as the most significant continuing financial tie between most separating couples.” June Carbone & Naomi Cahn, Marriage, Parentage, and Child Support, 45 Fam. L.Q. 219, 229 (2011).
Which of the following is true of poor custodial parents receiving child support?
The average percentage of family income from child support has increased.
Exp: The average percent of family income derived from child support has increased for poor and deeply poor custodial families. See Elaine Sorensen, Child Support Plays an Increasingly Important Role for Poor Custodial Families (2010), http://www.urban.org/UploadedPDF/412272–child- support-plays-important-role.pdf.
Sixteen years ago, James and Mary had a brief sexual encounter while James was visiting the beach with his family on summer vacation. Unbeknownst to James, Mary became pregnant, and gave birth to a daughter nine months later. Mary has recently located James and seeks child support via a retroactive order beginning at the child’s birth. James seeks your counsel on how he might limit any child support obligations.
Which of the following would be most likely to limit James’s child support obligations?
Their daughter, who is sixteen years old, has recently married Robert. She lives with Robert independently from Mary (from whom she is estranged), graduated early from high school, and has a stable, full-time job.
Exp: Emancipation is the process through which a minor gains the rights and obligations of legal adulthood before reaching majority. An emancipation order typically relieves parents of any further obligations to pay child support, even if the child has not yet reached the legal age of majority. See, e.g., Ricci v. Ricci, 154 A.3d 215, 230 (N.J. Super. Ct. App. Div. 2017). Because the child is married and appears to be responsible for herself financially and otherwise, a court may grant an order of emancipation if it finds such an order to be in her best interests. Emancipation would relieve James of his obligation to pay any future child support for the child.
When Pat and Jennifer married, Jennifer was already mother to a biological child from a previous relationship. The couple lived together with the child during the entirety of their marriage, which lasted for ten years before recently unraveling. Jennifer wants primary physical custody of the child, but seeks an order compelling Pat to pay child support. Which of the following would best support Jennifer’s motion for child support?
Pat intentionally assumed all parental obligations for the child, including support, and now seeks shared legal and physical custody of the child.
Exp: Under the parent by estoppel doctrine, courts will sometimes impose child support obligations when a stepparent has assumed all parental obligations for a child. See, e.g., A.S. v. I.S., 130 A.3d 763, 764–65, 770 (Pa. 2015).
Which of the following most accurately states the law concerning child support for post-secondary education?
States may require divorced, never-married, or separated parents to pay for post-secondary education expenses past majority.
Exp: About a third of states have case law or statutes authorizing courts to order divorced, never-married, or separated parents to pay child support for post-secondary education after majority.
About a third of states have case law or statutes authorizing courts to order divorced, never-married, or separated parents to pay child support for post-secondary education after majority.
The court will deny the order because at the time Harry became disabled, he was not living with Dorothy, and Donald and Dorothy are no longer married.
Exp: If the jurisdiction is one that recognizes a continuing legal duty of parents to support adult children with disabilities, the duty applies regardless of whether or when the parents’ relationship ended. See, e.g., State ex rel. Moore v. McCampbell, No. 09-1029, 2010 WL 2079701, at *1 (Iowa Ct. App. May 26, 2010).
Which of the following was not a motivation for the Congressional mandate that all states adopt presumptive child support guidelines?
Congress sought to effectuate the federal government’s traditional role in ensuring adequate financial support for children by parents.
Exp: This was not a motivation for the mandate because the federal government traditionally did not have a role in ensuring adequate child support. In fact, for most of U.S. history, child support was an area reserved for states and state courts.
Which of the following would be least likely to constitute income for purposes of determining child support amounts under state law?
Means-tested public benefits provided under the federal Supplemental Nutrition Assistance Program (“SNAP”) program.
Exp: States differ, but some will not consider benefits paid from means-tested public assistance programs as income. See, e.g., Ky. Rev. Stat. Ann. § 403.212(2)(b) (West 2019).
Linda and Lou have two children. During most of their marriage, Linda worked part-time at a local bookstore, which allowed her to spend time with her children after school. Linda left her job during the pendency of their divorce proceedings. Lou asks the court to impute income to Linda.
Which of the following facts would be most likely to lead to imputation of income?
Linda recently left her job to focus full-time on volunteer community organizing.
Exp: On these facts, Linda left her position to do work that is unpaid. This decision was voluntary, and potentially unreasonable under the circumstances because there would be less income available to support the children, and Lou would be left paying a higher overall share of child support.
Michael feels the presumptive guideline amount of child support for his two children is unfair, and asks you whether a court might agree to order him to pay less than the presumptive amount of child support.
Which of the following would be least likely to lead to a downward departure?
Michael and his ex-spouse have agreed that the presumptive guideline amount is too high, and that Michael should pay a more limited amount.
Exp: Any agreement concerning child support remains subject to court approval. Moreover, although parents may generally agree to provide a support in an amount higher than the presumptive guidelines, courts generally disfavor parental agreement to pay less in support, because the monies are intended to benefit the child, rather than either parent. See, e.g., Perkinson v. Perkinson, 989 N.E.2d 758, 760 (Ind. 2013).
Barbara is permanently disabled and unable to work. She receives means-tested public assistance benefits, but has no other income and subsists just above the poverty line.
Which of the following approaches might a court adopt in deviating down from the presumptive child support award for her two children?
All of the above.
Other Choices:
- A court may determine that Barbara should pay the lowest support amount listed on the guidelines schedule.
- A court may order that Barbara must pay an irrebuttable, minimum child support amount.
- A court may determine that because Barbara has no non-benefit income, her child support obligation should be $0.
Exp: Although federal law specifies that state child support guidelines apply to all parents, including indigent ones, most states reduce the presumptive amounts for very low-income parents. See Jane C. Venohr, Child Support Guidelines and Guidelines Reviews: State Differences and Common Issues, 47 Fam. L.Q. 327, 329–30 (2013). State approaches vary, including each of the three approaches described above.
Susan, a noncustodial parent, had a record year in her commercial real estate business, earning significantly more than the highest income listed on her state’s child support guidelines schedule. The custodial parent is seeking an upward deviation from Susan’s presumptive child support obligation.
Which of the below is the most likely result?
The court will increase Susan’s support obligation based on an average of Susan’s income for the last 5 years.
Exp: When an obligor’s income exceeds the schedule but may fluctuate from year to year, many states’ guidelines contemplate an order based on an average of the parent’s recent annual income. See, e.g., Anderson v. Anderson, 323 P.3d 895, 899 (Mont. 2014) (basing the obligation on average income over three years).
Nina has been paying substantial child support for her two children for the last five years. Recently, however, she has had difficulty making payments. She would like to secure an order lowering her monthly child support obligations.
Which of the following scenarios would best support Nina’s motion to modify?
Nina was recently diagnosed with Stage II cancer, which will require aggressive treatment for the next 9-12 months, making it impossible for Nina to continue her full-time job.
Exp: An obligor’s new (occurring after the initial support determination) health or medical needs may support downward modification of a child support order. See, e.g., Shamieka B. v. Lishomwa H., 938 N.Y.S.2d 65, 66 (App. Div. 2012) (obligor father’s chemotherapy treatments, which resulted in debilitating symptoms, were substantial change of circumstances that warranted downward modification).
Jose has recently experienced a change in his financial circumstances making it more difficult for him to pay his court-ordered child support amounts.
In which of the following circumstances would a court be most likely to impute income to Jose?
Jose left his job as a certified public accountant to go to vocational school to become a massage therapist.
Exp: A court would consider whether Jose’s change in employment was made in good faith and may find that a parent is shirking when the parent unreasonably makes a voluntary decision that results in significantly lower income. While state policy recognizes that obligors retain some ability to make reasonable career choices and lifestyle decisions, they remain obligated to support their children. Here, Jose has decided to leave a stable position as an accountant to pursue a new career for which he must first attend school, and for which his future earnings are unknown, but likely lower. A court would be likely to find this decision unreasonable under the circumstances.
Your client Sonia is having increasing difficulty receiving child support from her child’s father, Sam. Sam works as a truck driver and is often away from home for up to three weeks per month. His prolonged absences make it difficult for Sonia to find Sam, and result in his child support checks arriving late, if at all. Sonia is adamant that Sam is shirking his legal obligations, and seeks your counsel on how to most effectively ensure that she will receive regular and complete child support payments from Sam.
Which of the following options would you advise Sonia is best to pursue?
Seek a court order securing mandatory income withholding from his employer.
Exp: Securing an order for Sam’s employer to withhold the necessary child support amounts and pay them directly to Shelia would ensure that her children receive the full amount of support (assuming Sam earns enough in wages) and that it arrives on a regular and timely basis.
