support general considerations

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General Considerations:

General Considerations Law Offices of Thomas D. Allison Your Legal Solution

Areas Covered by this Presentation:

Areas Covered by this Presentation Who has the duty of child support? How the Duty is shared Interference with visitation Concealment of the child Parentage Grandparents Stepparents Death of Parent Bankruptcy Criminal Liability for Failure to Pay Support Voluntary Child Support Payments Jurisdiction

Who has the Duty of Child Support?:

Who has the Duty of Child Support? By law, both parents have the duty of supporting their child. Even in cases of adoption, once the adoption becomes final, the adopting parents now have the duty of child support. The marital status of the parents does not affect the duty of child support.

How the Duty is Shared:

How the Duty is Shared In cases where one parent has physical custody of the child, the custodial parent’s (parent with custody) duty of support is satisfied by caring for and maintaining the child. The other parent fulfills their duty of support by paying child support to the custodial parent. If both parents have physical custody, the court will determine each parent’s duty of support based on the amount of time the child is with each parent.

Interference with Visitation:

Interference with Visitation The custodial parent’s interference with the noncustodial parent’s visitation rights granted by the court does not affect the child support duty of the noncustodial parent. The noncustodial parent must still make the required support payments, and seek compliance with the court ordered visitation through other means.

Concealment of Child:

Concealment of Child The custodial parent’s concealment (hiding) of the child may allow the noncustodial parent to stop paying support, where: (1) The location of the custodial parent and child are unknown; and (2) The noncustodial parent made a diligent effort to find them. If the custodial parent and child are located, the duty to pay support continues.

Parentage:

Parentage The duty of child support only arises in cases where there is an actual parent-child relationship. Parentage is determined a number of ways, including, but not limited to presumptions, tests, and adoption orders.

Grandparents:

Grandparents Generally, grandparents have no duty to pay child support. However, if the grandparents are awarded visitation rights, then they can be order to pay visitation-related expenses.

Stepparents:

Stepparents Generally, stepparents have no duty to support their stepchild( ren ). However, there are circumstances in which a stepparent may have to pay child support where certain conditions are met.

Death of Parent:

Death of Parent Death of a parent does not get rid of the support duty of the other parent. If a custodial parent dies and the noncustodial takes custody, that parent still has the duty of supporting the child. Moreover, if the parent who dies owes back child support, then the amount owed can be taken from the deceased parent’s estate.

Bankruptcy:

Bankruptcy Past-due child support is not dischargeable by filing for bankruptcy. Additionally, the past-due child support has priority when the debtors estate is liquidated to fulfill the debtor’s debts.

Criminal Liability:

Criminal Liability It is a misdemeanor under California law to not pay child support. It is also a federal crime to travel in interstate or foreign commerce in order to evade a child support obligation that has been unpaid for more than a year or is more than $5000 and the support is for a child that lives in another state.

Voluntary Child Support:

Voluntary Child Support Child support payments made voluntarily are not reimbursable. However, where the custodial parent is failing at their duty of caring for and maintaining the child, any money paid by the noncustodial parent’s failure is reimbursable.

Jurisdiction:

Jurisdiction The court can only order a parent to pay child support if that court has jurisdiction over the parent. The way the court gets jurisdiction is by any ONE of the following ways: The parent is served in the state where the court is; The parent resides in the state where the court is; The parent consents to the court’s jurisdiction; or The parent has minimum contacts with the state. Generally, once the court has exercised jurisdiction, it will retain jurisdiction, unless the parties move out of the state.

Contact Us:

Contact Us Contact us today if you are interested in seeking a child support order or are in need of representation with a child support issue.

Law Offices of Thomas D. Allison:

Law Offices of Thomas D. Allison Your Legal Solution

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