Family Law > IV. Legal Separation and Dissolution of Marriage/Divorce > G. Child Support Flashcards
Both parents are obligated to support the child, regardless of
marital status
The factors that are considered in setting the child support amount are:
a. the needs of the child, including any special needs the child might have;
b. the resources of the parents; and
c. the standard of living the child would have enjoyed if the marriage stayed intact
NOTE: the standard of living (combined $) that the child would have had if parents still together is impossible is not actually possible but aspirational. Idea: Child shouldn’t suffer from parent’s decision to split.
All states have child support guidelines. These guidelines set the support amount based on
the parents’ income.
The amount set in child support guidelines is the presumptively valid amount that the court will order unless one of the parents rebuts the presumption by asking the court to order a different amount on what 2 bases?
On the basis that the presumed amount is either:
(i) unjust and inappropriate; or
(ii) not in the best interests of the child.
Which parent’s share of the child support is deemed to be paid directly to the child. Which parent is actually writing a check for child support to the other?
The custodial parent’s share of the child support is deemed to be paid directly to the child.
The only person who is actually writing a check for the child support is the non-custodial parent.
Even if the parent spends 50% of the time with the child, this does not mean that child support is not paid because child support is based on ________ as well as how much time he or she spends with the child.
the parents’ income
The guidelines take into consideration whether a parent is also _________.
caring for another child in his/her custody.
When is a consideration credit given to the noncustodial parent?
When the child spends a significant amount of time with him/her.
Idea: your money is already going to the child much of the time.
What happens when parents “split custody” of the children?
adjustments to the child support amount are made
Health insurance is also considered in child support awards, which the court can order. Failure to maintain court-ordered health insurance makes the obligor liable for ______.
costs
A QMCSO may also be considered. What is a QMCSO?
A qualified medical child support order (QMCSO) orders an insurance company to provide benefits to the children through the custodial parent, even though the custodial parent may not be the parent who has the insurance.
Why are educational expenses generally not included in the presumed child support amount?
Because we presume they go to public school
If the custodial parent wishes to have the other parent pay the private school tuition of the child, she must argue for a deviation (e.g. if kid already went to private school) based on a finding that ________
the presumptive amount is (i) unjust and inappropriate; or (ii) not in the best interest of the child
Which exemption of federal tax law generally goes to the custodial parent but can be changed by agreement?
the dependency exemption
Child support generally terminates when:
- the child or non-custodial parent who is paying the support dies
- the child becomes emancipated; or
- the child turns 18 (age of majority)
A child becomes emancipated when the minor:
a. marries;
b. joins the active military; or
c. becomes self-supporting
What duty does the custodial parent have regarding an emancipated child?
A duty to notify the non-custodial parent of the emancipation
If the child becomes disabled before his 18th birthday, what exception do some states give to the rule that turning 18 terminates child support, the parents’ obligations may continue if:
(1) the child becomes disabled before age 18;
(2) the child is unable to support himself due to the disability; and
(3) the child remains unmarried
If the child doesn’t complete high school before turning 18, what exception do some states give to the rule that turning 18 terminates child support, the child support obligation may continue until the earlier of:
(a) the child finishing high school; or
(b) reaching the age of 19 (or 21 in some states) while in high school
In a minority of states, as long as certain requirements are met, the obligation may continue while the child is in college up to the age of ___.
21 or 22.
What is the standard for modifying child support?
Substantial and continuing changes that make the original order unreasonable. (same as for modifying maintenance)
Although they vary from state to state, the most common modification grounds include:
1) an increase in either parent’s income
2) a decrease in either parent’s income
3) subsequent family (i.e. obligor remarries and has other children)
4) percentage change
In an increase in either parent’s income, a showing can be made that substantial and continuing changes now make the existing child support order unreasonable. This is based on the _______ factor. However, in order to modify on these grounds, the court may also require a showing of _______.
The standard of living factor (the standard that the child would’ve enjoyed had there not been a divorce
increased need
Note: This is a different standard than that used in maintenance where an increase in the obligor’s income alone will not constitute a basis for modification.
If a decrease in either parent’s income is ___________ then the child support will be modified.
involuntary (e.g. lay off, illness or inability to work)
