This document discusses child support, outlining 10 learning objectives covering topics such as the definition of child support, distinguishing it from spousal support, major federal government initiatives in the area, jurisdictional issues that arise in cases, how support is determined and modified, enforcement, and the role of paralegals. It provides details on child support guidelines, factors courts consider, modification and enforcement of orders, tax implications, and tasks paralegals perform in cases.

1. Chapter 9:
Child Support
12
Family Law for the Paralegal
2nd Edition
Wilson
Class Name
Instructor Name
Date, Semester

2. LEARNING OBJECTIVES
After this lecture, you should be able to:
9.1 Explain what child support is and when, how, 12
and to whom it is awarded.
Distinguish between child support and spousal
9.2 support.
List primary initiatives the federal government
9.3 has undertaken in the area of child support.00
Class Name
Instructor Name
Date, Semester
Cont.

3. LEARNING OBJECTIVES
After this lecture, you should be able to:
9.4 Identify major jurisdictional issues that arise in 12
child support cases.
Explain what child support guidelines are and
9.5 how they are applied.
List factors courts consider when establishing
9.6 child support orders.
Class Name
Instructor Name
Date, Semester
Cont.

4. LEARNING OBJECTIVES
After this lecture, you should be able to:
9.7 Explain when and how a child support order can 12
be modified.
9.8 List ways of enforcing child support orders
Identify the primary tax implications of child
9.9 support.
Class Name
Instructor Name
Date, Semester
Cont.

5. LEARNING OBJECTIVES
After this lecture, you should be able to:
9.10
12
Identify the kinds of tasks paralegals perform in
child support cases.
Class Name
Instructor Name
Date, Semester

6. Learning Objective
After this lecture, you should be able to:
Explain what child support is and
9.1 when, how, and to whom it is
awarded.

7. 9.1 What is child support?
• Child support refers to a parent’s obligation to
contribute to the economic maintenance of his or her
child (including adopted children).
• Child support issues arise in many contexts including
divorce, separate support, paternity, and abuse and
neglect actions.
• Child support may be temporary (while an underlying
action is pending) or “permanent” though it remains
subject to the continuing jurisdiction of the court.
7

8. Who has to pay child support
9.1 and to whom?
• Child support is most commonly paid by a noncustodial
parent (the obligor) to a custodial parent (the obligee).
• Sometimes a parent may be ordered to pay child support
to an agency such as a residential treatment or juvenile
correctional program.
• Persons ordered to pay child support can include parents
as well as third parties who act in loco parentis (in the
place of a parent).
• The majority rule is that absent an agreement or a court
order, a step-parent will not have a duty to support a step-
child.
• A man who has acknowledged paternity may be ordered
to pay child support even if DNA evidence proves him not
the father.
8

9. When does the child support duty
9.1 end?
• There are significant jurisdictional variations.
• The duty typically continues until the child’s
emancipation.
• Emancipation refers to the age (18 in most states), act
or occasion that frees a child from the control of a
parent.
• In some states, a parent may remain liable for
support of a disabled child beyond the age of 18 or
while the child pursues a certain type and amount of
higher education.
9

10. Learning Objective
After this lecture, you should be able to:
Distinguish between child
9.2 support and spousal support.

11. What are the differences between
9.2 child support and alimony?
• Child support:
– Is a right of the child
– Cannot be waived by agreement between the parties
– Is calculated using federally mandated guidelines developed
by the states
– Remains under the continuing jurisdiction of the court
– Can be modified based on a substantial change in
circumstances or on a periodic review
– Does not terminate as a result of a parent’s remarriage
– Is neither deductible to the payor nor includable in the
income of the recipient
– Is not discharged in bankruptcy and is given priority in
payment
11

12. What are the differences between child
9.2 support and alimony? (continued)
• Alimony:
– Is a spousal duty based on one party’s need and the other
party’s ability to pay
– Can be waived in a valid agreement between the parties in
most states
– Is not calculated according to guidelines governing amount
or duration in most states
– May be modified based on a material change in
circumstances unless contrary to a statute, decree, or
surviving agreement of the parties
– Will not be terminated by remarriage of the recipient in most
states
– Is usually tax deductible to the payor and income to the
recipient
– Is usually not dischargeable in bankruptcy
12

13. Learning Objective
After this lecture, you should be able to:
List primary initiatives the federal
9.3 government has undertaken in
the area of child support.

14. What are the primary initiatives the federal government has
9.3 undertaken in the area of child support and why given that it has
historically left regulation of family matters to the states?
• The primary initiatives taken by the federal
government are designed to
• contain the costs of public assistance programs.
• address inadequacies and inconsistencies in child
support awards across the states.
• streamline and strengthen enforcement especially
when multiple states are involved.
14

15. 9.3 What are some of the major initiatives undertaken by
the federal government in the area of child support?
• It established the Office of Child Support Enforcement
(OCSE).
• It required the states to develop numeric, formula-based
child support guidelines to be used in establishing child
support awards.
• It required the states to have a procedure for establishing
paternity any time before a child reaches age 18.
• It required the states to seek medical support for children
as part of any child support order.
• It strengthened enforcement efforts.
• It mandated creation of federal and state Case Registries
and Directories of New Hires.
15

16. What are some of the major initiatives undertaken by
9.3 the federal government in the area of child support?
(continued)
• It mandated creation and adoption of the Uniform
Interstate Family Support Act (UIFSA).
• It created the Transitional Assistance to Needy
Families Program (TANF).
• It required each state to develop a comprehensive
child support program run by a single state agency to
be designated its IV-D agency.
16

17. What are the primary responsibilities
9.3 of a state’s IV-D agency?
• IV-D agencies
– Assist in establishing paternity through testing of putative
fathers.
– Assist with location of noncustodial parents through state and
federal parent locator services.
– Facilitate entry of support orders after paternity is established.
– Periodically review child support awards.
– Enforce existing awards.
• The services of IV-D agencies are available to
parties receiving public assistance and those who
are not.
17

18. Learning Objective
After this lecture, you should be able to:
Identify major jurisdictional
9.4 issues that arise in child support
cases.

19. What kind of jurisdiction must a court
9.4 have in a child support case?
• Subject matter jurisdiction over child support cases:
usually rests in family courts but may also be in
juvenile courts, district/county courts, and other
courts that deal with matters pertaining to children
and their parents
• Personal jurisdiction over the defendant: each state
has its own statutes governing the ways in which
personal jurisdiction over a defendant may be
obtained (personal service, service by publication,
etc.)
19

20. 9.4 What are some of the most common jurisdictional
issues that arise in child support cases?
• Obtaining personal jurisdiction over a resident
defendant: usually by personal service but
sometimes the defendant’s whereabouts are
unknown
• Obtaining personal jurisdiction over a nonresident
defendant in the petitioner’s own state: usually under
UIFSA’s or a state’s long-arm statute
• Obtaining personal jurisdiction over a nonresident
defendant in his or her own state: usually by using the
services of the state’s IV-D agency with the agency
acting on behalf of the petitioner with or without the
assistance of private counsel
20

21. Where does continuing jurisdiction lie
9.4 once an initial award has entered?
• Under UIFSA, there should only be one valid child
support order enforceable in all states.
• Once a court issues a valid child support order, that
court will have continuing exclusive jurisdiction for
purposes of modification as long as either parent or
the child continues to reside in that state or the
parties file written consents that another state
assume jurisdiction.
• If neither parent nor the child continues to reside in
the issuing state, that court will lose continuing
jurisdiction and a court in another state can acquire
it. If an order is sought in multiple states, under UIFSA
preference will be given to the child’s home state.
21

22. Learning Objective
After this lecture, you should be able to:
Explain what child support
9.5 guidelines are and how they are
applied.

23. What are child support
9.5 guidelines?
• Child support guidelines are guidelines developed by the
states in response to federal mandate. They are presumed
to generate an appropriate amount of child support given
a particular set of assumptions and circumstances. (See
Exhibit 9.2 on page 307 of the text for an example of the
Missouri Guidelines Form.)
• They apply to all child support orders whether at
establishment or modification.
• Guidelines incorporate various descriptive and numeric
criteria and formats vary from state to state.
• They must provide for children’s health care needs.
• They must be reviewed every four years and revised if
necessary
23

24. How are child support guidelines
9.5 applied?
• Application of the guidelines produces a rebuttable
presumption of the appropriate amount of child
support to be ordered.
• Any order that deviates from the guidelines amount
must include written findings by the court about why
the deviation was required.
24

25. What income are the guidelines
9.5 based on?
• The guidelines must consider all earnings and income of
the noncustodial parent (in many states, the income of
both parents is considered).
• Income is usually defined as “income from all sources”
but what will be included varies according to federal law,
state law, administrative law, and case law.
• Typically income will include: support received from
another person; cash and gifts from family members,
lump-sum severance pay, annual bonuses, lump-sum
personal injury settlements, gambling winnings, SSDI
benefits, reimbursements received in the course of
employment, and retirement benefits (with limitations).
• Typically not included in income: Means-tested benefits
such as PELL grants, TANF benefits, food stamps , and
Supplemental Social Security Income (SSI)
25

26. Can income be imputed to a
9.5 party?
• Imputed income is income attributed to a party based on
his or her earning capacity rather than on actual
earnings.
• Most states will impute income to a party (either the
obligor or the obligee) if appropriate and some states
have a formula for doing so.
• Examples of when income might be imputed: voluntary
early retirement, voluntary unemployment or
underemployment, loss of gainful employment due to a
party’s own wrongdoing.
• Most courts will not impute income if there is a good faith
reason for unemployment such as a physical disability.
26

27. Learning Objective
After this lecture, you should be able to:
List factors courts consider when
9.6 establishing child support orders.

28. 9.6 In what circumstances might a court deviate from the
presumptive guidelines amount of child support?
• Extraordinary expenses: These are expenses that are not
reasonably predictable or consistent child to child such as
medical expenses that are substantial in cost and/or duration.
• Multiple families: The traditional rule is “first families first”
meaning the obligor usually cannot request a downward
modification based on having a new family but may use the
cost of supporting a new family as a defense to a claim for an
upward modification.
• Cost of living in a particular geographical area
• Standard of living (although the basic purpose of child support
is to provide for the child’s “survival needs”)
• There are some additional variables that may be factored into
the guidelines or be treated as reasons for a deviation such as:
custodial and visitation arrangements; number and ages of the
children; financial misconduct of either party; existence of an
agreement; and needs, liabilities, and resources of the parents
28

29. 9.6 What is a parent’s financial responsibility for the
educational needs of his or her children?
• Several states provide that if a child continues high
school past age 18, child support will continue until
he or she finishes high school or turns 19.
• There is a range in approaches to higher education
but the current trend is absent an agreement, parents
will not be required to pay for such expenses.
• Deviations in the child support amount may be made
if the child participates in special needs or gifted
programs, necessary tutoring, etc.
29

30. Learning Objective
After this lecture, you should be able to:
Explain when and how a child
9.7 support order can be modified.

31. When and how can a child
9.7 support award be modified?
• Based on a self-executing provision in an agreement of the
parties incorporated in a court’s decree (should be tied to the
parties’ actual financial circumstances)
• Based on proof of a substantial change in circumstances
(usually the change must have been unforeseeable); the
burden of proof is on the petitioner and may be satisfied by a
showing that there is a specific level of difference between the
award and the current guidelines amount (such as 15% in some
states); See Paralegal Application 9.4 on pages 319 and 320 re
incarceration as a change.
• Based on a periodic review and adjustment of orders by the
state’s IV-D agency
• The modification action can be brought by a party or by the
state’s IV-D agency. The petition is not always granted but may
be if the court is persuaded the prior award is inequitable and
the change is in the best interests of the child.
31

32. Learning Objective
After this lecture, you should be able to:
List ways of enforcing child
9.8 support orders

33. How are child support awards
9.8 enforced?
• Based on a self-executing provision in an agreement
of the parties Once an award is made it can be
enforced in any state where the obligor or his or her
assets are located.
• If the obligor is a nonresident, the obligee can travel
to the defendant’s state to seek enforcement or he
or she can use the IV-D agency in his or her state
(the initiating state) to “register” the order in the
defendant’s state (the responding state) for
enforcement.
33

34. What are some of the available
9.8 enforcement methods?
• Contempt actions (civil or criminal)
• Income withholding (the most effective)
• Criminal prosecution under federal or state law
• Seizure of assets
• Tax refund intercepts
• Unemployment compensation intercepts
• License denials or revocations
• Passport denials or revocations
• Credit reporting
34

35. Learning Objective
After this lecture, you should be able to:
Identify the primary tax
9.9 implications of child support.

36. What are the primary tax
9.9 implications of child support?
• Child support is a tax-neutral event, neither
deductible to the payor nor includable in the
recipient’s income
• The general rule is that the custodial parent is
entitled to claim the child as a dependent for tax
purposes resulting in an adjustment to that party’s
gross income. The parties may agree to an
alternative arrangement.
• The parent claiming the exemption is also entitled to
the child tax credit resulting in a credit against his or
her tax liability rather than an adjustment to gross
income.
36

37. Learning Objective
After this lecture, you should be able to:
Identify the kinds of tasks
9.10 paralegals perform in child
support cases.

38. 9.10 What kinds of tasks do paralegals commonly perform
in child support cases?
• They complete child support guidelines worksheets for review.
(See Paralegal Application 9.2 on page 306 of the text.)
• They research governing law including any pertinent
jurisdictional issues.
• They gather information and documents pertaining to financial
resources, income, children’s needs, standards of living,
parenting plans, expectations and motivations, etc.
• They draft child support provisions for inclusion in separation
agreements. (See Paralegal Application 9.7 on pages 329 and
330 of the text: Drafting Pointers for a Child Support Provision in
a Separation Agreement or Parenting Plan.)
• They draft complaints/petitions, affidavits, responsive
pleadings, proposed orders, materials in preparation for trial,
etc.
• They draft discovery requests
38

39. Chapter Summary
9.1 Explain what child support is and when, how, 12
and to whom it is awarded.
Distinguish between child support and spousal
9.2 support.
List primary initiatives the federal government
9.3 has undertaken in the area of child support.
Class Name
Instructor Name
Date, Semester
Cont.

40. Chapter Summary
9.4 Identify major jurisdictional issues that arise in 12
child support cases.
Explain what child support guidelines are and
9.5 how they are applied.
List factors courts consider when establishing
9.6 child support orders.
Class Name
Instructor Name
Date, Semester
Cont.

41. Chapter Summary
9.7 Explain when and how a child support order can 12
be modified.
9.8 List ways of enforcing child support orders
Identify the primary tax implications of child
9.9 support.
Class Name
Instructor Name
Date, Semester
Cont.

42. Chapter Summary
9.10
12
Identify the kinds of tasks paralegals perform in
child support cases.
Class Name
Instructor Name
Date, Semester