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CHAPTER 10 CHILD SUPPORT

CHAPTER 10 CHILD SUPPORT. Chapter 10. Child Support. Responsibility Begins At Home: Parents Must Support Their Children Child support Define life necessities Emancipation. Chapter 10. Child Support. State Support Guidelines: Variations on a Theme Models of child support guidelines

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CHAPTER 10 CHILD SUPPORT

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  1. CHAPTER 10CHILD SUPPORT

  2. Chapter 10 Child Support • Responsibility Begins At Home: Parents Must Support Their Children • Child support • Define life necessities • Emancipation

  3. 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

  4. 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

  5. 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

  6. 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

  7. Chapter 10 Child Support • Federal Law Supports Healthcare • QMCSO • Is Johnny Going to College? • Questions to Ask • Escalation clause

  8. Chapter 10 Child Support • Earning Above State Guidelines: Parent Disputes Amount Ordered • Bush v. Bush

  9. 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

  10. 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.

  11. 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

  12. Chapter 10 Child Support • Modifying Child Support Downward • Consent Order • McQuiddy v. McQuiddy • Yours, Mine and Ours: Recalculating Child Support When Parents Have More Children • Ainsworth v. Ainsworth

  13. 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.

  14. 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

  15. 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

  16. 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

  17. 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

  18. 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

  19. 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

  20. 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

  21. Chapter 10 Child Support • Ethics Alert: • Contingency fee an option?

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