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The Research Center
|        ||1. Divorce Source: Child Support/Modification of Agreement/Needs of Child |
Mark Watson and Joanne Schumacher divorced in 1991. In their dissolution decree, they agreed to a method for calculating child support. The method required an annual retroactive review and recalculation of child support by an accountant after each parent had already contributed child support.
|        ||2. Divorce Source: CORPORATE OR PARTNERSHIP 'RETAINED EARNINGS' AS INCOME UNDER CHILD SUPPORT GUIDELINES|
The determination of each parents income is the primary focus of all states child support guidelines, for it is the determination of income that dictates the presumptive child support award. 45 C.F.R. 302.56c1 child support guidelines must be based on, at least, income and earnings of absent parent.
|        ||3. Divorce Source: Child Support Enforcement/Child Support Recovery Act/Constitutionality |
Willful failure to pay child support resulting in imprisonment under the Child Support Recovery Act does not amount to slavery prohibited by the Thirteenth Amendment, nor is it akin to serving time in debtors
|        ||4. Divorce Source: FEDERAL LEGISLATION UPDATE THE FULL FAITH AND CREDIT FOR CHILD SUPPORT ORDERS ACT |
In a major piece of new federal legislation, Congress has enacted a statute which sets forth nationwide standards for state court jurisdiction in child support cases. This Act, the Full Faith and Credit for Child Support Orders Act FFCCSA, is likely to play a major role in interstate child support c
|        ||5. Divorce Source: CHILD SUPPORT GUIDELINES: DEVIATING FOR PRIVATE SCHOOL EXPENSES |
Pursuant to the federal mandate at 42 U.S.C. 667b2 Supp. 1999, every state has enacted child support guidelines that act as a rebuttable presumption as to the appropriate amount of child support in any case where child support is to be determined.
|        ||6. Divorce Source: Child Support/Emancipation/Effective Date of Termination:|
In this case, the father had petitioned to modify the amount of unallocated child support after his oldest child reached the age of majority. While reducing the amount of child support, the trial court refused to make the reduction retroactive to the date when the petition was filed. Because the fat
|        ||7. Divorce Source: Child Support/Enforcement/Child Support Recovery Act |
Every circuit to address the issue has held that the Child Support Recovery Act CSRA, 18 U.S.C. 228, is not an unconstitutional exercise of congressional power under Lopez v. United States, 514 U.S. 549 1995.
|        ||8. Divorce Source: Child Support/Adult Disabled Child/Application of Guidelines:|
This case presented two child support issues. The first issue is whether child support is required from the noncustodial parent where the child is over eighteen years old and regularly attends high school but, because of suffering from Downs syndrome, is not making progress toward a traditional dip
|        ||9. Divorce Source: Child Support/Modification/Deviation Child's Social Security:|
David Lewis appeals the judgment of the circuit court affirming the decision of the Division of Child Support Enforcement which increased his child support obligation from $25 per week to $506 per month, retroactive to January 14, 1996. On appeal, Mr. Lewis first challenges the authority of the Divi
|        ||10. Divorce Source: CHILD SUPPORT ENFORCEMENT IN THE UNITED STATES: THE ROLE OF THE PRIVATE BAR |
Our main article this month looks at the historical development of the government child support enforcement program under Title IV-D of the Social Security Act. In particular, we will identify ways in which federal mandates arising from Title IV-D legislation have fashioned child support enforcement
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