Child Custody & Support
| Criminal Penalties for Failure to Pay Child Support |
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| 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. More... |
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| Child Support Modification Upon Emancipation of a Child |
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| A non-custodial parent's support obligation generally continues until their child reaches the age of legal majority or becomes emancipated. Where a child has achieved independence from effective parental control, and is no longer dependent upon parental support, the child support obligation may be terminated, even if the child has not yet reached the age of majority. The most common cause of emancipation, however, is attainment of the age of majority. More... |
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| Legal Custody versus Physical Custody |
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| There is a large difference between legal custody of a child and physical custody. That difference is based on the right to make the major decisions affecting the child. The parent with legal custody has the right to make those decisions. More... |
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| Emergency Modification of Child Custody Awards |
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| When an emergency arises, courts in any State have the power to enter a temporary order of custody under the Uniform Child Custody Jurisdiction and Enforcement Act. Under the Parental Kidnapping Prevention Act, the court in the state where the child lives has primary and continuing jurisdiction over the custody of a child, and it may issue a permanent change in custody, whether or not there is an emergency. More... |
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| Child Support Modification for Best Interest of Child |
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| 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. More... |
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