Family Law > IV. Legal Separation and Dissolution of Marriage/Divorce > G. Child Support

Question 1

Both parents are obligated to support the child, regardless of

Answer 1

marital status

Question 2

The factors that are considered in setting the child support amount are:

Answer 2

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.

Question 3

All states have child support guidelines. These guidelines set the support amount based on

Answer 3

the parents’ income.

Question 4

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?

Answer 4

On the basis that the presumed amount is either:

(i) unjust and inappropriate; or
(ii) not in the best interests of the child.

Question 5

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?

Answer 5

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.

Question 6

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.

Answer 6

the parents’ income

Question 7

The guidelines take into consideration whether a parent is also _________.

Answer 7

caring for another child in his/her custody.

Question 8

When is a consideration credit given to the noncustodial parent?

Answer 8

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.

Question 9

What happens when parents “split custody” of the children?

Answer 9

adjustments to the child support amount are made

Question 10

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 ______.

Answer 10

costs

Question 11

A QMCSO may also be considered. What is a QMCSO?

Answer 11

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.

Question 12

Why are educational expenses generally not included in the presumed child support amount?

Answer 12

Because we presume they go to public school

Question 13

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 ________

Answer 13

the presumptive amount is (i) unjust and inappropriate; or (ii) not in the best interest of the child

Question 14

Which exemption of federal tax law generally goes to the custodial parent but can be changed by agreement?

Answer 14

the dependency exemption

Question 15

Child support generally terminates when:

Answer 15

1. the child or non-custodial parent who is paying the support dies
2. the child becomes emancipated; or
3. the child turns 18 (age of majority)

Question 16

A child becomes emancipated when the minor:

Answer 16

a. marries;
b. joins the active military; or
c. becomes self-supporting

Question 17

What duty does the custodial parent have regarding an emancipated child?

Answer 17

A duty to notify the non-custodial parent of the emancipation

Question 18

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:

Answer 18

(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

Question 19

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:

Answer 19

(a) the child finishing high school; or

(b) reaching the age of 19 (or 21 in some states) while in high school

Question 20

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 ___.

Answer 20

21 or 22.

Question 21

What is the standard for modifying child support?

Answer 21

Substantial and continuing changes that make the original order unreasonable. (same as for modifying maintenance)

Question 22

Although they vary from state to state, the most common modification grounds include:

Answer 22

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

Question 23

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 _______.

Answer 23

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.

Question 24

If a decrease in either parent’s income is ___________ then the child support will be modified.

Answer 24

involuntary (e.g. lay off, illness or inability to work)

Question 25

If a decrease in either parent’s income is _______, the court will ________.

Answer 25

voluntary; examine the reason for the decrease.

Question 26

What is an example of a valid voluntary decrease in income upon which a court might base temporarily modification of child support? What will the court’s finding of a valid reason depend on?

Answer 26

e.g. if a parent goes back to school (idea: I may make MORE money after)

the benefit to the child

Question 27

When will a court never modify child support in the case of a parent’s voluntary decrease in income?

Answer 27

If a voluntary decrease in a parents’ income is because the parent wants to avoid child support, then the court will never modify.

Question 28

When will a court temporarily modify child support in the case of a parent’s voluntary decrease in income?

Answer 28

If a voluntary decrease in a parent’s income is for a valid reason.

Question 29

What is the “sword” in the “sword and shield” approach when it comes to subsequent family for the obligor paying child support?

Answer 29

The needs of the children of a second family cannot be used as a sword to reduce the amount of support that is currently being paid to the first family.

Question 30

What is the “shield” in the “sword and shield” approach when it comes to subsequent family for the obligor paying child support?

Answer 30

The person paying the child support who has the second family can use the needs of that second family as a shield to an increase for the first family.

Question 31

If the current income of the parent would change the child support amount on the guidelines by more than 10-20 percent, it constitutes a prima facie case of changed circumstances because:

Answer 31

child support is based on income. So this is an automatic modification circumstance.

Question 32

Four years ago the father was ordered to pay child support in the amount of $1,000 per month for two children. Using his current income the amount from the guidelines would be $1,250 per month. The custodial mother files a petition for modification. What should be the result?

Answer 32

She has met the burden of showing changed circumstances because the percentage change in the guidelines (25%) is greater than 10-20%.

Question 33

Every time a child support amount becomes due and is not paid it becomes a _______.

Answer 33

judgment

Question 34

What judgment remedies may be used to enforce child support?

Answer 34

execution and garnishment

Question 35

What non-judgment remedies may be used to enforce child support?

Answer 35

contempt and actual imprisonment, liens against property, security bonds, and the Uniform Interstate Family Support Act

Question 36

What is the purpose of jailing through contempt? In order to imprison a person for failure to pay child support, who must bring the action?

Answer 36

to coerce the payment, the State

Question 37

What must be shown to imprison a person for failure to pay child support?

Answer 37

1) the individual has the current ability to pay the child support; and either
2) refuses to do so; or
3) intentionally made himself unable to comply with the court’s order

Question 38

UIFSA stands for _____. It determines jurisdiction for a child custody ________ or _________.

Answer 38

Uniform Interstate Family Support Act; order or modification

Question 39

Under UIFSA, the ordering or modifying court needs ________ jurisdiction over the obligor parent to order child support.

Answer 39

personal jurisdiction

Question 40

UIFSA provides expanded long arm jurisdiction to issue initial child support orders because

Answer 40

we’re trying to increase the likelihood of child support being paid

Question 41

UIFSA allows expanded long arm jurisdiction to issue initial child support orders if in any of these 5 scenarios:

Answer 41

(1) the individual once resided with the child in the state in the past
(2) the individual once resided in the state and provided prenatal expenses or support for the child;
(3) the individual engaged in an act of sexual intercourse in the state and the child MAY have been conceived by that act;
(4) the child resides in the state as a result of the acts or directives of the individual; OR
(5) ANY OTHER BASIS consistent with the constitutions of the state or the United States

Question 42

What is the UIFSA rule for jurisdiction over child support modification proceedings?

Answer 42

“The decree state retains continuing exclusive jurisdiction as long as one party remains in the state.”

*USE THIS LANGUAGE ON TEST

Question 43

If all parties leave the decree state, what is the UIFSA rule for jurisdiction for modifying? What must the person seeking to modify the order do?

Answer 43

Under UIFSA, if all parties have left the decree state, the party seeking to modify needs to go to the state that has personal jurisdiction over the other spouse.

The person seeking to modify the order should go to the other party’s state.

Question 44

Even if all parties leave the decree state, and the parents and child are all in another state that has PJ over them, what can the new state nonetheless NOT modify as to the child support order?

Answer 44

The new state can NOT change the duration of child support, only the amount. Under UIFSA, only the decree state has the ability to modify duration.

Question 45

Existing orders can be enforced across state lines through:

Answer 45

registration or direct wage withholding

Question 46

If there is a wage withholding order, the payee can send that order directly to _______ and have that wage withholding enforced.

Answer 46

the employer of the person who is obligated to pay the support in another state