CHAPTER 10 CHILD SUPPORT 2006 Thomson Delmar Learning

  • Slides: 21
Download presentation
CHAPTER 10 CHILD SUPPORT © 2006 Thomson Delmar Learning. All Right Reserved.

CHAPTER 10 CHILD SUPPORT © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Responsibility Begins At Home: Parents Must Support Their Children

Chapter 10 Child Support • Responsibility Begins At Home: Parents Must Support Their Children • Child support – Define life necessities • Emancipation © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • State Support Guidelines: Variations on a Theme • Models

Chapter 10 Child Support • State Support Guidelines: Variations on a Theme • Models of child support guidelines – Income-share model – Percentage of income model – Melson-Delaware Income Model • Self-support reserve • Rebuttable presumption © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Over the Top: When Parental Income is above the

Chapter 10 Child Support • Over the Top: When Parental Income is above the Guidelines • Working the Numbers: How to Calculate Child Support • Child support worksheet • Financial disclosure affidavit © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Determining What Expenses Will Be Included in Child Support

Chapter 10 Child Support • Determining What Expenses Will Be Included in Child Support • Child support determined initially by asking: – What are the incomes of both parents? – What are the financial needs of the child? • Factors to be considered: – All financial resources of the non-custodial parent, including a step-parent or new partner © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Factors to be considered: – All financial resources of

Chapter 10 Child Support • Factors to be considered: – All financial resources of the custodial parent, including a – – – – step-parent or new partner All financial resources of the children Earning potential of both parents Financial needs of both parents Standard of living of children before the parents’ separation Ages of the children Additional responsibility of non-custodial parent to support other spouse and children Extraordinary expenses © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Federal Law Supports Healthcare • QMCSO • Is Johnny

Chapter 10 Child Support • Federal Law Supports Healthcare • QMCSO • Is Johnny Going to College? • Questions to Ask • Escalation clause © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Earning Above State Guidelines: Parent Disputes Amount Ordered •

Chapter 10 Child Support • Earning Above State Guidelines: Parent Disputes Amount Ordered • Bush v. Bush © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Bush Court considered six factors when it determined child

Chapter 10 Child Support • Bush Court considered six factors when it determined child support – Financial resources of the child – Financial resources and needs of the custodial parent – Standard of living the child would enjoy have enjoyed had the marriage not been dissolved – Physical and emotional condition of the child – Child’s educational needs – Financial resources and needs of the non-custodial parent © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Equitable Estoppel’s Role in Determining Child Support • Affirmative

Chapter 10 Child Support • Equitable Estoppel’s Role in Determining Child Support • Affirmative defense • County of Erie on behalf of Karin T. v. Michael T. © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Not Set In Stone: Seeking a Modification of Child

Chapter 10 Child Support • Not Set In Stone: Seeking a Modification of Child Support • Modification • Material and substantial change in circumstances – Preponderance of the evidence • Requesting an Upward Modification • In loco parentis • Mears v. Mears © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Modifying Child Support Downward • Consent Order • Mc.

Chapter 10 Child Support • Modifying Child Support Downward • Consent Order • Mc. Quiddy v. Mc. Quiddy • Yours, Mine and Ours: Recalculating Child Support When Parents Have More Children • Ainsworth v. Ainsworth © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • The Problem of Tracking Down a Non-Paying Parent •

Chapter 10 Child Support • The Problem of Tracking Down a Non-Paying Parent • Show Me the Money • Imputed income and how it works • Check Is In the Mail? : Representing a Client Seeking Enforcement • Majority of 5 million parents ordered to pay child support do. © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Deadbeat Parents Punishment Act • Ways to get support

Chapter 10 Child Support • Deadbeat Parents Punishment Act • Ways to get support – Wage withholding/ wage garnishment – Tax refund intercept • Civil contempt • Criminal contempt • Ensuring support payments – Liens – Life insurance – Trusts © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Getting Serious: Feds Step In to Enforce Child Support

Chapter 10 Child Support • Getting Serious: Feds Step In to Enforce Child Support Orders • Title IV-D of the Social Security Act – What role AFDC and TANF play – Parent locator service – Child support enforcement program • Federal Locator Service © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • URESA to the Rescue: Law Provides Jurisdictional Authority •

Chapter 10 Child Support • URESA to the Rescue: Law Provides Jurisdictional Authority • How URESA works • National Conference of Commissioners on Uniform State Laws • Revised Reciprocal Enforcement of Support Act © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • UIFSA: New and Improved Statute Facilitates Interstate Issues •

Chapter 10 Child Support • UIFSA: New and Improved Statute Facilitates Interstate Issues • Full Faith and Credit for Child Support Orders Act (FFCCSOA) • U. S. Supreme Court Decides Jurisdictional Issue • In personam jurisdiction • Long-arm jurisdiction • Kulko v. Kulko © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Susan Plays Detective • Child support order should include:

Chapter 10 Child Support • Susan Plays Detective • Child support order should include: – – – Income of parents Support figure based on the child support guidelines Duration of the support obligation Date on which child support is due each month Requirement that medical insurance be provided Provisions for a QMSCO © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support – – Provision for life insurance coverage Allocation of deductibles

Chapter 10 Child Support – – Provision for life insurance coverage Allocation of deductibles and co-payments Allocation of tax deductions Allocation of reasonable and necessary expenses for college expenses – Payment to be made through the court system (an intelligent option) – Cost-of-living adjustment © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Tracking Down a Deadbeat Parent: Susan Gets Her Man

Chapter 10 Child Support • Tracking Down a Deadbeat Parent: Susan Gets Her Man • Notice of Motion for Enforcement, Certification of the Plaintiff and Order for Enforcement • Initiating state • Responding state • All’s Well, that Pays Well © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 10 Child Support • Ethics Alert: • Contingency fee an option? © 2006

Chapter 10 Child Support • Ethics Alert: • Contingency fee an option? © 2006 Thomson Delmar Learning. All Right Reserved.