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Archive for the ‘Child-support’ Category

*All Posts,Child-support,Child-support-modification

The enforcement, collection, modification and extinguishment of unpaid arrearages in child support payments are matters addressed to the sound discretion of the court

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January 26, 2012 at 2:54 pm

*All Posts,Alimony,Child-support,Imputed-income,Income Imputation

A trial court’s decision to impute income must be based on a realistic assessment of capacity to earn

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January 24, 2012 at 12:15 pm

*All Posts,Child-support,Income Imputation

The court may impute income to a party who is underemployed based on potential employment and earning capacity, using the parent’s work history, occupational qualifications and educational background

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January 17, 2012 at 5:33 pm

*All Posts,Child-support,Income Imputation

The value of in-kind benefits may be included in gross income for purposes of calculating child support

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January 17, 2012 at 5:31 pm

*All Posts,Child,Child-custody,Emancipation,Guardian

A law guardian acts as an independent legal advocate for the child and takes an active part in the court proceedings

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January 8, 2012 at 2:31 pm

*All Posts,Agreements,Child-support-modification,Modification of Alimony,Property-settlement-agreement,Settlement agreement

When PSA terms are plain and explicit and set forth in clear and unambiguous language, leaving no room for interpretation, the court will enforce them as written and agreed to by the parties, absent a substantial change in circumstances or unless they would no longer be fair or equitable

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January 8, 2012 at 12:14 pm

*All Posts,Alimony,Child-support,Divorce,Imputed-income,Income Imputation

It may be reasonable for the trial court to average income over a five-year period

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January 5, 2012 at 11:03 am

*All Posts,Child-support-modification,Modification of Alimony,Property-settlement-agreement,Settlement agreement

Parties may enter into a property settlement agreement under which support obligations will be modified at a specific future date without a showing of changed circumstances

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December 21, 2011 at 5:43 pm

*All Posts,Child-support,Cost of Education

A child’s need for higher education is an appropriate consideration in determining the parental obligation of support

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December 19, 2011 at 8:48 pm

*All Posts,Child-support-modification

When the movant is seeking modification of child support, the guiding principle is the best interests of the children

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December 19, 2011 at 8:46 pm