- (1) Identify parents (to determine who owes child support):
- >> If woman is married: the presumption is that he's the father of the children.
- >>>> If living together as H+W, nearly irrebuttable (need clear and convincing evidence)
- >>>>>> Poss evidence; complete lack of sexual access OR physical impossibility.
- >>>>>> AND: even if rebutted, there's Paternity by Estoppel: if accept role of father, hold child out at son, can't evade paternity.
- >> If woman unmarried: paternity suit.
- >> Court can order a blood test or a party can request one through the court.
- >> Once adjudicated, final. Res judicata.
- (2) Child Support:
- >> Each parent much provide for the child up to age 18 or emancipation (completes high school, married, ect.).
- >>>> May extend beyond 18 IF: child has a phys/mental disability, existing when he reaches 18, that prevents him from being self-supporting. Also may endure if kid has a drug addiction such that he's not able ro secure employment and is dependent on his parents.
- >> If non-custody parent, only need to provide if there is a court order requiring provision.
- >>>> KEY: Parties are not living together. If live together, obligation satisfied with rents checks, groceries, ect.
- >> ALGORITHM: Discretion of the court, but it has to set out its rationale on the record.
- >> HEALTH CARE: Court order must also include a prevision re: health care for the child if it is not an unreasonable burden on the non-custodial parent (less than 5% monthly income).
- >> DURATION: Continues until the child reaches the age of maturity (18).
MODIFICATION: If payor gets hurt, suffers an injury, the amount of the child support can be reduced. However, if payor has good fortune, ie. wins the lottery, can be raised.
TERMINATION: Automatically terminations on the death of the parent or child.
- IF PARENT MOVES OUT OF STATE: The uniform support statute provides for the direct enforcement of court orders across state lines -- an order from one state can be mailed to an employer in another state and wages, as a result, can be garnished. The court that issued the original order maintains exclusive jdx SO LONG AS one parent remains in that state -- continuous and exclusive jdx prevents inconsistent orders.
- >> Key: Either send to his employer in another state, or to a court.
- >> Can also file a claim and intercept tax refunds. And if a parent wins the lottery, can claim a percentage.
TAX: Child support payments NEITHER deductible as alimony NOR includible as income to the custodial parent.