Child Custody & Support
| Child Custody Mediation |
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| Mediation is one of a number of processes, known collectively as alternative dispute resolution or ADR, which are available for use by parties who have disagreements with one another that have traditionally been handled by the formal procedures of the legal system, but who wish to avoid the formality and expense of a court proceeding in seeking to resolve their differences. Unlike another well-known alternative dispute resolution process, arbitration, in which parties present the same types of evidence and adversary arguments they would employ in court before one or more disinterested third parties known as arbitrators, who then make a decision called an award that is generally binding on the parties to the dispute, the parties to a mediation procedure, with the assistance of a disinterested third party called a mediator, attempt to reach a voluntary agreement settling their differences between themselves. Mediation has recently received increasing attention as a method of resolving disputes in a number of areas of the law, including child custody cases and other family law matters. More... |
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| Deadbeat Parents Punishment Act |
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| The Deadbeat Parents Punishment Act was passed in 1998 to amend the Child Support Recovery Act by making it a felony to fail to pay to pay child support for a child located in another state.
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| Ability to Offset Past-Due Child Support against Tax Refunds |
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| Where an arrearage of child support has been determined, a child support enforcement agency may intercept the tax refund of the delinquent parent.
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| Use of a Child's Social Security Benefit in Determining Child Support |
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| When determining the amount of a child support order, the first step is to ascertain the amount of income that is available to provide for the child. Determining this issue will generally determine the fairness of any child support order. An effective child support guideline should clearly provide rules for determining what resources may and may not be considered for child support determinations. If a child is receiving social security benefits, a child support order should clearly state whether this income is considered in determining the appropriate amount of child support. More... |
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| Preference of Child in Custody Determinations |
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| In awarding or modifying custody, one of the factors considered by a court is the preference of a child, However, the extent to which the court will consider an expressed wish and how much weight the court will give that wish depends on the age and maturity of the child and the circumstances under which the choice was made. More... |
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