Child Custody and Support Newsletters

Jurisdiction Issues in Child Support Cases

Before a court can issue an order of child support, the court must assure itself that it has jurisdiction over the parties. Under the Uniform Enforcement of Foreign Judgments Act (UEFJA) and the Uniform Reciprocal Enforcement of Support Act (URESA) courts in other states will recognize and enforce lawfully issued child support orders.

Parental Support of Disabled Adult Children

A parent's child support obligation may not terminate when the child attains the age of majority. If an adult child cannot be self supporting due to a disability, the state may require that child support be continued.

Rights of Grandparents to Visitation

Many states offer an avenue for grandparents to seek visitation with their grandchildren. While most states permit a grandparent to petition for rights of visitation, some impose restrictions as to the circumstances under which the court will consider the petition.

Modification of Custody based on Parental Financial Resources

Both parents are required to contribute toward the support of a child. The amount of support is based on the income of the parents, with adjustments for certain other obligations such as day care or extraordinary health expenses. For the most part, courts do not consider modifying custody based solely on a parent's financial resources, but such resources may be a factor where a change in circumstances can be shown.

Criminal Penalties for Failure to Pay Child Support

The Child Support Recovery Act, as amended by the Deadbeat Parents Punishment Act, makes it a federal crime to flee a state in order to avoid paying a child support arrearage. States use criminal contempt to punish parents who fail to pay child support upon a finding of an intentional failure to comply with a court order of support.