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© 2006 Thomson Delmar Learning. All Right Reserved.
CHAPTER 10CHAPTER 10
CHILD SUPPORTCHILD SUPPORT
© 2006 Thomson Delmar Learning. All Right Reserved.
• Responsibility Begins At Home: Parents Must Support Their Children • Child support
– Define life necessities
• Emancipation
Child Support
Chapter 10Chapter 10
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• 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
Child Support
Chapter 10Chapter 10
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• Over the Top: When Parental Income is above the Guidelines
• Working the Numbers: How to Calculate Child Support • Child support worksheet
• Financial disclosure affidavit
Child Support
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• 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
Child Support
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© 2006 Thomson Delmar Learning. All Right Reserved.
• 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
Child Support
Chapter 10Chapter 10
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• Federal Law Supports Healthcare • QMCSO
• Is Johnny Going to College?
• Questions to Ask • Escalation clause
Child Support
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• Earning Above State Guidelines: Parent Disputes Amount Ordered • Bush v. Bush
Child Support
Chapter 10Chapter 10
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• 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
Child Support
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• Equitable Estoppel’s Role in Determining Child Support • Affirmative defense
• County of Erie on behalf of Karin T. v. Michael T.
Child Support
Chapter 10Chapter 10
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• 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
Child Support
Chapter 10Chapter 10
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• Modifying Child Support Downward • Consent Order
• McQuiddy v. McQuiddy
• Yours, Mine and Ours: Recalculating Child Support When Parents Have More Children • Ainsworth v. Ainsworth
Child Support
Chapter 10Chapter 10
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• 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.
Child Support
Chapter 10Chapter 10
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• 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
Child Support
Chapter 10Chapter 10
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• 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
Child Support
Chapter 10Chapter 10
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• 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
Child Support
Chapter 10Chapter 10
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• 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
Child Support
Chapter 10Chapter 10
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• 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
Child Support
Chapter 10Chapter 10
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– 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
Child Support
Chapter 10Chapter 10
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• 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
Child Support
Chapter 10Chapter 10
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• Ethics Alert:• Contingency fee an option?
Child Support
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