1. © 2006 Thomson Delmar Learning. All Right Reserved. CHAPTER 10 CHILD SUPPORT

2. © 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 10

3. © 2006 Thomson Delmar Learning. All Right Reserved. 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 10

4. © 2006 Thomson Delmar Learning. All Right Reserved. 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 Chapter 10

5. © 2006 Thomson Delmar Learning. All Right Reserved. 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 Chapter 10

6. © 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 10

7. © 2006 Thomson Delmar Learning. All Right Reserved. Federal Law Supports Healthcare QMCSO Is Johnny Going to College? Questions to Ask Escalation clause Child Support Chapter 10

8. © 2006 Thomson Delmar Learning. All Right Reserved. Earning Above State Guidelines: Parent Disputes Amount Ordered Bush v. Bush Child Support Chapter 10

9. © 2006 Thomson Delmar Learning. All Right Reserved. 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 Chapter 10

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

11. © 2006 Thomson Delmar Learning. All Right Reserved. 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 10

12. © 2006 Thomson Delmar Learning. All Right Reserved. 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 10

13. © 2006 Thomson Delmar Learning. All Right Reserved. 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 10

14. © 2006 Thomson Delmar Learning. All Right Reserved. 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 10

15. © 2006 Thomson Delmar Learning. All Right Reserved. 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 10

16. © 2006 Thomson Delmar Learning. All Right Reserved. 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 10

17. © 2006 Thomson Delmar Learning. All Right Reserved. 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 10

18. © 2006 Thomson Delmar Learning. All Right Reserved. 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 10

19. © 2006 Thomson Delmar Learning. All Right Reserved. – 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 10

20. © 2006 Thomson Delmar Learning. All Right Reserved. 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 10

21. © 2006 Thomson Delmar Learning. All Right Reserved. Ethics Alert: Contingency fee an option? Child Support Chapter 10