Garnishment in Child Support Actions
When the assets of the absent parent are unknown and outside the jurisdiction of the court, a garnishment of the parent’s wages to collect past due child support obligations may be appropriate.
Imputed Income for Child Support Determinations
In calculating how much child support should be paid to the custodial parent of a child, a count may consider not only how much money a parent is earning at the time of the hearing, but also certain other income and benefits, which the noncustodial parent routinely received during the months and years prior to the date the court makes its determination.
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.
Legal Custody versus Physical Custody
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.
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.