Child Custody and Support Newsletters
Ability to Offset Past-Due Child Support against Tax Refunds
Where an arrearage of child support has been determined, a child support enforcement agency may intercept the tax refund of the delinquent parent.
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.
Modification of Custody based on Parental Unfitness
If subsequent to the time a court awarded joint or sole legal custody to a parent, the parent becomes unfit to have custody of the child, a court will not hesitate to modify custody.
Preference of Child in Custody Determinations
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.
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.