Newsletters

Role of Income Tax Returns in Determining Child Support Obligations

In order to properly determine a parent's child support obligation, it is important for the court to know what the parent actually earns. Tax returns reveal not only what a parent has historically made, but may also reveal amounts the parent has been concealing or if the parent is intentionally impoverishing him or herself.

Impact of Child Abuse Allegations in Child Custody Proceedings

If an accusation of child abuse or neglect arises during a civil proceeding involving the child's parents, whether a divorce, paternity or other proceeding in which child custody and visitation decisions are made, it will affect that proceeding. Until the report is investigated, decisions regarding the child's custody and the rights of visitation may be delayed. If the parent with custody of the child is named as the abuser or neglector, the child may be placed with the other parent, relative, or foster care.

Residential Parent Custody Awards

A "residential parent custody award" is one in which the court decides with whom a child will live. Such an award differs from an award of legal custody, in which the court determines who shall make the important decisions affecting the child's health and welfare. One parent may be awarded both residential custody and legal custody, but it is not required.

Child Support Modification for Best Interest of Child

In some circumstances a tribunal may decide that it is in the best interests of a child to modify the amount of a parent's child support obligation. More often, the modification results in an increase in the amount of support, but there are occasions when a court has found a reason to deviate downwards.

Uniform Interstate Family Support Act

The Uniform Interstate Family Support Act (UIFSA), exacted in 1996, provided a new framework for states to use in collecting child support where the child and the parent reside in different states. It made it easier for state courts to exercise jurisdiction in establishing and collecting child support.