Sometimes a divorce can leave a child without a competent parent to care for them. One or both parents may have suffered a severe physical or mental illness or drug or alcohol abuse problem. Depending on a host of different circumstances, a child may require the appointment of a legal guardian.
Two Types of Child Guardianships
Guardianship Laws Over A Minor Fall Under Two Categories
There are two different types of legal guardianships—guardianship over the person and guardianship over the estate.
Guardianship Over The Person
In the guardianship of the person, the guardian has the same responsibilities to care for the child as a parent would. Being a Guardian is a fiduciary responsibility, not unlike what transpires during a conservatorship which usually involves caring for an elder.
That legal guardian assumes full legal and physical custody of the child and can make all legal decisions about the child’s physical care that a parent would make. A guardian can be any interested party, such as relatives, friends, and family.
The guardian is responsible for the child’s day-to-day welfare, including:
- Food, clothing, and shelter
- Safety and protection
- Physical and emotional growth
- Medical and dental care
- Education and any special needs
- The guardian is also responsible for the supervision of the child and may be liable for any intentional damage the child may cause.
Guardianship is sometimes needed when a child is taken away from a parent because the parent cannot care for the child. There is a public policy in favor of keeping the child with the parent or parents so long as the child’s welfare is not threatened.
This gets complicated when it involves one or both parents with different parenting roles. Certain factors are considered and explained below in determining whether a spouse or partner is fit to parent.
Disqualifying criteria may include one or both parents:
- Have a severe physical or mental disorder
- Currently in the military and reside outside the country
- Requires treatment for serious drug and alcohol abuse
- Parent sentenced to prison
- Parents have a history of being abusive to the children
- Parents unable to care for children due to homelessness or other forms of financial hardship
The court will always base its judgment on what is in the child’s best interest of the child and to ensure the child is in a safe, stable, and caring environment.
Guardianship Over The Estate
A guardianship over the estate is created to manage a child’s income, money, and property until the child turns the age of majority, which in most states is eighteen.
A child may require the court to appoint a guardian of the estate if the child inherits a significant amount of money or property.
In most cases, especially in personal injury cases and under a minor’s compromise, the court will usually appoint the surviving parent as the guardian of the child’s estate.
Should the child be involved in litigation, the court will usually favor appointing a guardian ad litem to care for the child’s legal interests during the litigation.
The guardian of the estate must:
- Manage the child’s money
- Make smart investments
- Manage the child’s property carefully
Divorce Attorneys
Should you have more questions about how child guardianships work, consider consulting with an experienced Divorce Lawyer as soon as possible.
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[post_content] => According to the Department of Justice and Federal law, it is unlawful for a parent to willfully refuse to pay court-ordered child support. If one is found in violation of child support laws, offenders may face fines and imprisonment.
This article covers the law and exceptions to the rule legally mandating parents to pay their child support, including their stepchildren. Also covered is when a parent can petition the court to modify the support order and under what circumstances.
Finally, at the end of this article, you will find the list of states and contact information for their respective child-support enforcement departments.
Child Support Obligations
Legal Duty To Support One's Minor Children
Supporting your minor children includes providing sufficient food, clothing, safe shelter, and what the law calls basic care. In most states, failing to provide these basic legal requirements for your minor children can lead to neglect or abuse charges.
Length Of Time Parent Must Support Minor Child
Typically, a parent must support a child until the child reaches maturity, usually 18 years of age in most states. However, if the child is disabled, the obligation may continue indefinitely.
Some states also require the parents to provide for the child's education even if the child has passed the age of majority. But if the child goes through the courts to become emancipated and the court rules in the child's favor, then the parent's obligation usually ends.
Support For Stepchildren
A parent has no legal obligation to pay support for minor stepchildren. However, if the parent legally adopted the stepchild, both parents will be legally obliged to continue the support until the child or children reach the age of majority.
Support Modifications
Changed Financial Circumstances
A parent's legal obligation to support their minor children does not terminate with divorce. In most states, divorced parents must still pay child support to meet their basic needs.
Suppose a divorced parent has a change in financial circumstances and can no longer afford to pay their ordered amount of child support. In that case, the parent can seek relief by petitioning the court for a support modification order.
The court, in deciding whether to grant a parent's request for a child support modification, will carefully consider the following: the unexpected loss of a job, an inability to find a new job with a similar income, getting into a traffic accident that temporarily prevents the parent from returning to work, an unexpected drop in income such as what happened during the Covid -19 layoff which caused financial hardship for many workers.
Change In Circumstances Must Be Substantial
Life-changing event causing a profound and sometimes permanent change in circumstances
When the non-custodial parent's financial capacity to pay child support is no longer possible due to a sudden adverse and unexpected event that has changed his life circumstances entirely.
Sometimes the non-custodial parent is going through a life-changing event such as a disabling car accident, job loss, or being convicted of a crime. As a result, they are unable to meet their child-support obligations.
Child support modifications process
The parent petitioning for a modification order reducing the amount of child support must provide verifiable evidence of changed circumstances.
Circumstances that would result in a reduced level of income or even a total loss of income, proof of an unexpected and disabling injury, or some other circumstance that would genuinely prevent the non-custodial parent from making their ordered child support, including "other factors" which the judge feels is appropriate to warrant a reduction in payments.
Factors Determining Amount of Child Support
Before the court considers the factors, it will require full written disclosure of each parent's financial condition, including all income and expenses.
Once the court has an accurate fix on each parent's ability to pay, the court will rule based on the child's best interests.
The following types of factors will be considered in determining child support:
- Physical Condition of Both Parents
- Income and Needs of Custodial Parent
- Age of Children and Special Needs of the Child
- Childs Standard of Living Before Divorce
- Educational and Health Status of the Child
The court will determine what amount of child support is most consistent with the child's best interests. While most states are very consistent with this judicial priority, each state's family law code spells out what factors the court can consider in making this determination.
When Communication Between Parents Stop
Unfortunately, under these conditions, especially where there is little to no communication between the former spouses, the non-custodial spouse is to go into a state of denial.
While the non-custodial parent might panic due to their changed circumstances, getting stuck in a cycle of fear and shame, they can detach themselves from the actual consequences of not fully complying with the court's child support order.
The non-custodial parent would be much better served by returning to court, offering evidence of why they cannot afford to continue to pay the full amount of support, and seeking to modify the support order.
Follow Your State Guidelines On Support Enforcement
For more specific information, learn how your state defines what is in the child's best interests under different circumstances.
Should the non-custodial parent not be granted a modification, and if the non-custodial parent remain delinquent on their payments, they will likely be forced to deal with their state's child enforcement agency
Child Support State Enforcement Services
State courts are rigorous when it comes to enforcing child support orders. The enforcement tools at the disposal of the state are plenary and effective. These collection tools include, but are not limited to, the following:
- garnishment of wages
- attachment of bank account
- seizing property
- driver's license revocation
[TroubleTip]Only a select number of debts are not dischargeable in bankruptcy, and child support is one of them.[/TroubleTip]
Child support agencies provide the following types of services to families:
- Locate non-custodial parents
- Establish paternity
- Establish and enforce the support order
- Modify orders when appropriate
- Collect and disburse child support payments
Retaining A Divorce Or Family Lawyer To Assist You
Trouble in collecting child support from the non-custodial spouse is stressful and can cause high anxiety levels.
By the time the non-custodial parent falls months behind in their child support obligations, communication between the parents has likely turned so hostile that direct contact has become nearly impossible.
Fighting over child support issues can also be emotionally harmful to your children. If your emotional situation has reached such a level, you should consider consulting with an experienced child support lawyer in your state.
In addition to your legal needs, you should consider the importance of your emotional well-being and your children's.
One crucial advantage of retaining a lawyer in child support cases is that the lawyer may insulate you from having to personally deal with these issues while also guiding you through the judicial and administrative process.
Paying Child Support If Parent Moves Away With Child
Suppose the child is no longer living with the custodial parent. Must the payor spouse continue paying child support after a divorce if the custodial parent moves away with the child and the payor does not know the child's whereabouts?
Depends On State Jurisdiction
This is a complicated question in family law, and the answer may vary from state to state. It may depend upon whether the payor made reasonable efforts to locate the missing child, how long the missing child was gone, and whether the payments were made to the custodial parent or a court trustee.
Custodial Parent Refuses to Disclose Their Location
Under some circumstances, if the custodial parent conceals both themself and the child, the payor might be able to avoid paying accrued amounts of child support.
Enforcement of Child Support Orders
Court Orders Strictly Enforced
The law provides a legal process of enforcing a non-custodial parent that has been delinquent in their child support obligations according to the family court child support order.
Should a non-custodial parent stop making their ordered support payments, under the federal Child Support Enforcement Act, the state enforcement agency must assist the custodial parent in the child support collection process.
[TroubleTip]Support Payments When Support-Paying Parent Dies: The death of the payor parent probably does not end the obligation to support - the burden passes to the payor's estate. Unlike spousal support, which usually ends with the payor spouse's death, child support will likely continue until the child reaches the age of majority.[/TroubleTip]
CHILD SUPPORT ENFORCEMENT SERVICES BY STATE:
Alabama
Child Support Enforcement Division
50 Ripley Street
PO Box 304000
Montgomery, Alabama 36130-4000
Office: (334) 242-9300
Fax: (334) 242-0606
Alaska
Child Support Services Division
550 West 7th Avenue, Suite 280
Anchorage, Alaska 99501-6699
Office: (907) 269-6900
Fax: (907) 787-3220
Arizona
Division of Child Support Services
PO Box 40458
Phoenix, Arizona 85067-0458
Customer Service: (800) 882-4151
Metro Phoenix/Maricopa County: (602) 252-4045
Arkansas
Office of Child Support Enforcement
PO Box 8133
Little Rock, Arkansas 72203-8133
Office: (501) 682-8398
Fax: (501) 682-8402
California
Dept. of Child Support Services
PO Box 419064, Mail Station - 100
Rancho Cordova, California 95741-9064
Customer Service: 1 (866) 249-0773
Colorado
Division of Child Support Services
1575 Sherman St., 5th Floor
Denver, Colorado 80203-1714
Office: (303) 866-4300
Fax: (303) 866-4360
Connecticut
Department of Social Services
55 Farmington Avenue
10th Floor
Hartford, Connecticut 06105-3725
Office: (860) 424-4989
Fax: (860) 951-2996
Call Center: (800) 228-5437
Delaware
Division of Child Support Services
PO Box 11223
Wilmington, Delaware 19850
Office: (302) 395-6500
Fax: (302) 395-6733
Customer Service: (302) 577-7171
District of Columbia
Child Support Services Division,
Judiciary Square
441 Fourth Street NW 550 N
Washington, District of Columbia 20001
Office: (202) 724-2131
Fax: (202) 724-3710
Customer Service: (202) 442-9900
Florida
Department of Revenue
PO Box 8030
Tallahassee, Florida 32399-7016
Office: (850) 717-7000
Fax: (850) 921-0792
Customer Service: (850) 488-5437
Georgia
Department of Human Services
2910 Miller Road
Suite 200
Decatur, GA 30035
Office: (404) 657-1130
Fax: (404) 463-7351
1-844-MYGADHS
Hawaii
Child Support Enforcement Agency
601 Kamokila Boulevard, Suite 207
Kapolei, Hawaii 96707
Office: (808) 692-7000
Fax: (808) 692-7134
Idaho
Bureau of Child Support Services
PO Box 83720
Boise, Idaho 83720-0036
Office: (800) 356-9868
Fax: (208) 334-5571
Illinois
Division of Child Support Services
509 S. 6th St.
Springfield, Illinois 62701
Office: (800) 447-4278
Fax: (217) 524-6049
Indiana
Child Support Bureau, Department of Child Services
402 West Washington Street, MS 11
Indianapolis, Indiana 46204-2739
Office: (317) 233-5437
Fax: (317) 232-4969
Iowa
Iowa Child Support Recovery Unit
Department of Human Services
400 SW 8th Street, Suite H
Des Moines, Iowa 50309-4633
Local Offices: (888) 229-9223
Kansas
Child Support Services
PO Box 497
Topeka, Kansas 66601-0497
Office: (888) 757-2445
Fax: (785) 296-8395
Kentucky
Child Support Program,
Department for Income Support, Cabinet for Families and Children
730 Schenkel Lane - PO Box 2150
Frankfort, Kentucky 40602-2150
Office: (502) 564-2285
Fax: (502) 564-5988
Louisiana
Department of Children and Family Services
Box 94065, 627 N. Fourth Street
Baton Rouge, Louisiana 70802
Office: (225) 342-4780
Fax: (225) 342-7397
Maine
Child Support, Division of Support
11 State House Station, 19 Union Street
Augusta, Maine 04333
Office: (207) 624-4100
Fax: (207) 287-5096
Maryland
Child Support Administration
Saratoga State Center
311 West Saratoga Street, Room 301
Baltimore, Maryland 21201-3521
Office: (410) 767-7065
Fax: (410) 333-6264
Customer Service: (800) 332-6347
Massachusetts
Child Support Enforcement Division
Box 7057
Boston, Massachusetts 02204-7057
Office: (800) 332-2733
Fax: (617) 887-7540
Michigan
Office of Child Support
PO Box 30478
Lansing, Michigan 48909-7978
Friend of the Court: (877) 543-2660
Fax: (517) 373-4980
Minnesota
Office of Child Support Enforcement
444 Lafayette Road,
Box 64946
St. Paul, Minnesota 55164-0946
Office: (651) 431-4400
Fax: (651) 431-7517
Mississippi
Division of Child Support Enforcement
PO Box 352
Jackson, Mississippi 39205
Office: (877) 882-4916
Fax: (601) 359-4370
Missouri
Missouri Department of Social Services
Family Support Services
Box 6790
Jefferson City, Missouri 65102-6790
Office: (866) 313-9960
Fax: (573) 751-0507
Montana
Child Support Department of Public Health
2401 Colonial Drive, First Floor
Box 202943
Helena, Montana 59620-2943
Office: (406) 444-9855
Fax: (406) 444-1370
Toll-Free: (800) 346-5437
Nebraska
Child Support Enforcement
Box 94728
Lincoln, Nebraska 68509-4728
Office: 1-877-631-9973 Option 2
Fax: (402) 471-7311
Nevada
State of Nevada Division of Supportive Services
Child Support Enforcement Program
1470 College Parkway
Carson City, Nevada 89706-7924
Office: (775) 684-0705
Fax: (775) 684-0702
Customer Service: (775) 684-7200
Customer Service: (702) 486-1646
Toll-Free: (800) 992-0900
New Hampshire
Division of Child Support Services
129 Pleasant Street
Concord, New Hampshire 03301-8711
Office: (800) 852-3345 (In-State only)
Office: (603) 271-4427
Fax: (603) 271-4787
New Jersey
Office of Child Support Services
PO Box 716
Trenton, New Jersey 08625-0716
Call Center: (877)- NJKIDS1 (655-4371)
New Mexico
Child Support Enforcement Division
PO Box 25110
Santa Fe, New Mexico 87504
Office: (505) 476-7207
Fax: (505) 476-7045
Toll-Free: (800) 585-7631
New York
Division of Child Support Enforcement
40 North Pearl Street, 13th Floor
Albany, New York 12243-0001
Child Support Helpline: (888) 208-4485
North Carolina
Child Support Services
PO Box 20800
Raleigh, North Carolina 27619-0800
Office: (919) 855-4755
Fax: (919) 715-8174
(800) 992-9457
North Dakota
Child Support Enforcement Program
PO Box 7190
Bismarck, North Dakota 58507-7190
Office: (701) 328-5440
Fax: (701) 328-5425
Toll-Free: (800) 231-4255
TTY Text: (800) 366-6888
TTY Voice: (800) 366-6889
Ohio
Office of Child Support Enforcement
30 East Broad Street, 31st Floor
Columbus, Ohio 43215-3414
Customer Service: (800) 686-1556
Fax: (614) 752-9760
Oklahoma
Child Support Services
PO Box 248822
Oklahoma City, Oklahoma 73124
OKC Metro: (405) 522-2273
Toll-Free: (800) 522-2922
Oregon
Oregon Department of Justice
1162 Court Street NE.
Salem, Oregon 97301
Office: (503) 947-4388
Fax: (503) 947-2578
Toll-Free: (800) 850-0228
Customer Service: (503) 373-7300
Pennsylvania
Bureau of Child Support Enforcement,
Department of Human Services
PO Box 8018
Harrisburg, Pennsylvania 17105-8018
Office: (800) 932-0211
Fax: (717) 787-9706
Rhode Island
Office of Child Support Services
77 Dorrance Street
Providence, Rhode Island 02903
Office: (401) 458-4400
Fax: (401) 458-4465
South Carolina
Integrated Child Support Services
PO Box 1469
Columbia, South Carolina 29202-1469
Office: (803) 898-9210
Fax: (803) 898-9201
Customer Service: (800) 768-5858
South Dakota
Division of Child Support
700 Governor's Drive
Pierre, South Dakota 57501-2291
Office: (605) 773-3641
Fax: (605) 773-7295
Tennessee
Child Support Division
15th Floor, Citizens Plaza Building, 400 Deaderick Street
Nashville, Tennessee 37243-1403
Office: (615) 313-4880
Fax: (615) 532-2791
Texas
Child Support Division
PO Box 12017
Austin, Texas 78711-2017
Office: (800) 252-8014
Fax: (512) 460-6628
Utah
Child Support Services
Office of Recovery Services
PO Box 45033
Salt Lake, Utah 84145-0033
Office: (801) 536-8500
Fax: (801) 536-8636
Vermont
Department of Children and Families
280 State Drive
Waterbury, Vermont 05671-1060
Customer Service Unit: (800) 786-3214
Fax: (802) 241-6534
Virginia
Division of Child Support Enforcement
801 East Main Street, 12th Floor
Richmond, Virginia 23219
Office: (800) 257-9986
Fax: (804) 726-7476
Washington
Division of Child Support
PO Box 11520
Tacoma, Washington 98411
Office: (360) 664-5000
Fax: (866) 668-9518
West Virginia
Bureau for Child Support Enforcement
350 Capitol Street, Room 147
Charleston, West Virginia 25301-3703
Office: (800) 249-3778
Fax: (304) 558-2445
Wisconsin
Wisconsin's Child Support Program
PO Box 7935
Madison, Wisconsin 53707-7935
Office: (608) 266-9909
Fax: (608) 267-2824
Wyoming
Child & Home Support Division
Child Support Enforcement
2300 Capitol Avenue
Hathaway Building
5th Floor, Suite C
Cheyenne, Wyoming 82002
Office: (307) 777-6948
Fax: (307) 777-5588
Puerto Rico
Administration for Child Support Enforcement
PO Box 70376
San Juan, Puerto Rico 00936-8376
Office: (787) 767-1500
Fax: (787) 282-8324
Virgin Islands
Paternity and Child Support Division
8000 Nisky Center, 2nd Floor, Suite 500
St. Thomas, Virgin Islands 00802
Office: (340) 775-3070
Fax: (340) 775-3808
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What is DNA Paternity Tests
When partners disagree about paternity or when one or both want to make sure that the person is, in fact, the true biological father, the legal issue of paternity sometimes ends up in court.
A DNA paternity test is a scientific method for confirming whether a man is a child's biological father by comparing their DNA sequences. These tests are highly accurate.
The test analyzes specific genetic markers and can be done using swabs, blood, or other tissues. They are used for legal, medical, and personal reasons to provide clear and definitive answers.
This article explains the process, uses, and benefits of DNA paternity testing, a crucial tool in establishing biological relationships.
If legal issues arise because the mother or the suspected father refuses to determine paternity or if one of them insists on establishing paternity, should a court intervene, the judge will likely order a paternity test.
When Paternity Is Contested
Court-ordered DNA paternity testing is typically mandated for establishing paternity in general disputes involving
child custody,
exclusive child custody rights, or
child support.
Court-ordered DNA testing is usually the result of the following circumstances:
- The father seeks more visitation rights or custody
- The mother seeks a child support order from the alleged father, and sometimes, indirectly, this might impact how the court will treat issues regarding spousal support.
- The mother married someone, and the suspected father wants to confirm paternity biologically.
- One spouse seeks exclusive custody over a child.
How Accurate Is DNA Paternity Testing?
The initials for DNA stand for (deoxyribonucleic acid) and is the molecular code for human life. Every one of us has a
unique DNA identity.
Statistic: A DNA paternity test can scientifically and conclusively determine the biological relationship between a child and a suspected father through
genetic exclusion. As of 2024, DNA paternity tests can exclude
99.9 percent of non-fathers.
[caption id="attachment_55155" align="alignnone" width="1748"]
(Above Image) A Woman Receiving A DNA Sample Test By Oral Swab[/caption]
What is DNA?
According to the
Cleveland Clinic, DNA is the genetic material inside our body’s cells. It acts like an instruction manual to help make you who you are. You inherit DNA from
both your biological parents — half from each parent.
How Are DNA Samples Collected?
DNA samples are collected by swabbing the interior cheeks of the child, mother, and suspected biological father, ensuring accurate genetic testing.
Accurate DNA sample collection is crucial for reliable paternity testing, which can help you piece together important parts of your biological life. The most common method, the buccal swab, is non-invasive and easy to perform. It uses a cotton swab to collect cheek cells.
When detailed genetic material insights are needed,
blood samples provide high-quality DNA, though they are more invasive. This procedure involves analyzing fetal DNA extracted from the mother's bloodstream, offering an
early method for establishing paternity before the child is born.
Who Pays for DNA Testing?
In most paternity disputes, the court usually orders a paternity test if the mother files
legal papers for child support payments, with costs often assigned to the mother. The mother can make a request for child support even
after the divorce is final.
Other courts take a more neutral position by requiring the parties to split the cost.
Home DNA paternity tests
At-home paternity tests are highly accurate and are often used as evidence in a legal paternity action. A paternity test is used in court to establish child support for matters such as social security or other child custody issues.
While blood samples are acceptable, most people choose to be tested by a buccal swab that is gently rubbed on the interior side of the cheek.
DNA paternity test kits
Today, DNA testing kits can be purchased over the counter in most pharmacies or online.
Online orders for DNA testing kits are directly shipped to the consumer.
The kit usually includes three swabs for each participant. Each participant will swab the inside of their cheek three times (three samples are collected per participant).
Then, each of the three swabs is inserted into one of two protected envelopes and mailed to the lab for testing.
[caption id="attachment_55156" align="alignnone" width="1748"]
(
Above Image)
Clinician Holding A DNA Paternity Testing Kit Test Result[/caption]
How long does it take for the lab to complete testing?
Once received, most laboratories process the DNA samples within 48 hours, providing you with conclusive and timely DNA test results.
Statistic: Over 500,000 paternity tests are conducted annually in the U.S., according to the AABB (American Association of Blood Banks).
Legal Admissibility In Courts
Most laboratories provide a specialized
legal DNA test for those who require their DNA test results to be used in court proceedings, which may incur additional fees. The chain of custody must be established before the test can be accepted as legal
evidence of paternity.
Paternity Test Pricing: Court-Approved Testing More Expensive
Legally admissible testing per participant from major laboratories can be expensive. What is called
non-legal testing (not provided for a court to establish paternity) can be found for about $100. According to the
DDC, a court-approved legal paternity test can cost between three hundred and five hundred dollars.
Who is required for paternity testing?
Most courts will accept a paternity test that compares the child's DNA with the DNA of the alleged father.
Some services will come to your home for an
additional fee to perform the testing. This is sometimes advised if the court requires the party to prove the sample's chain of custody at the court hearing.
Maternity Testing To Qualify For Paid Family Leave
A maternity test is now commonly used to establish that a woman is legally entitled to maternity leave from her employer.
The recently revised
Family and Medical Leave Act mandated that up to three months of paid leave be provided for the birth of a child.
Employers are always free to provide additional paid leave time.
[LegalTip]
Group Health Care Paternity Benefits May Vary. Paternity testing is also sometimes required if requested by the mother's group health benefits to be maintained during the maternity break[/LegalTip]
The Average "Home Kit" Cost
A home kit costs about $125.00; the average turnaround time for such testing is 3 to 7 days.
Other Benefits and Importance of Paternity Testing:
- The test confirms if a child is eligible for public and private benefits through the mother and father
- The test can confirm if the child is legally entitled to inheritance rights through both parents
- Provides the child with a fuller sense of identity
Other DNA Paternity Test Applications
Paternity DNA Testing For Immigration
According to the
US Department of State, genetic testing is used to verify a stated biological relationship when no other form of credible evidence is available in conjunction with different types of immigration visa applications. Commonly, US Immigration relationship DNA testing will include paternity, maternity, full-siblingship, or half-siblingship. According to the Department of State, DNA testing cannot reliably prove more distant relationships.
Paternity DNA Testing For Child Adoptions
The DNA test may also aid in a current
adoption case. According to
LabCorp,
DNA testing can confirm the relationship of the birth parents to the child who is being adopted. In certain international adoptions, this is required by the child's birth country.
[caption id="attachment_57642" align="alignnone" width="1748"]
Myth and reality of this current issue[/caption]
Five Misconceptions About DNA Paternity Testing
Misconception #1: DNA tests are always accurate.
Reality: DNA paternity tests are highly accurate. Statistically, they have shown to be 99.9% correct). However, these tests are still subject to human error, such as lap processing mistakes caused by rushed processing of the tests.
Misconception #2: Only fathers need to provide a DNA sample.
Reality: In most cases, to ensure accuracy, samples are taken from the mother, father, and child.
Misconception #3: At-home DNA tests are not legally admissible.
Reality: Many at-home DNA tests can be legally admissible, assuming that the chain of custody is legally established and properly documented for the court.
Misconception #4: DNA paternity tests can be invasive and painful.
Reality: Most tests use buccal swabs, which are both non-invasive and totally painless.
Misconception #5: DNA paternity testing is only for child support disputes.
Reality: DNA paternity tests are also used to establish intestate succession bloodlines, inheritance rights, and access to insurance benefits.
Five Fears Related to DNA Paternity Testing
Fear #1: If I am not the biological father, it will cause chaos in my family.
Reality: While results can be emotionally threatening, the truth will clarify the legal and personal responsibilities between the parties and provide some emotional closure.
Fear #2: DNA testing is too expensive.
Reality: While legal tests can be expensive. Plus, home kits are accurate and relatively inexpensive, costing only about $100–$150.
Fear #3: I will lose my privacy if I take a paternity test.
Reality: Laboratories must impose strict privacy guidelines in their procedures and communication policies.
Fear #4: I'm worried the testing process will take too long.
Reality: Most paternity test results are available within 48 hours to a week.
Fear #5: The court will force me to take a paternity test against my will.
Reality: In legal disputes, courts can order a paternity test, but your lawyer should be able to help you address your concerns before compliance is required. Make sure to consider all your legal options before submitting to the test.
Conclusion
In conclusion, DNA paternity testing is reliable for establishing biological relationships.
It is now commonly used to resolve child custody disputes, determine inheritance rights, and provide certainty in alleged child-parent relationships.
Despite fears and misconceptions, DNA testing is generally affordable, non-invasive, and highly accurate.
Understanding the benefits of DNA testing can help people make informed and intelligent choices. DNA paternity testing is essential in securing competing interests' rights and obligations when determining paternity.
Sources and References
Department of State - DNA Testing
Cleveland Clinic: DNA Paternity Test
Is a paternity issue causing you stress? | The Law Offices of Lorrie J. Zahodnic, P.C..
García-Aceves, M. E., Cortés, G. M., & Villalobos, H. R. (2017). Results obtained in five years in a paternity testing laboratory in Mexico. Forensic Science International: Genetics Supplement Series.
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[post_content] => Spousal support, sometimes called spousal maintenance or alimony, will be stated in the court’s dissolution order. One spouse will be ordered to pay the other support. This aims to ensure the non-paying spouse can maintain a quality of life similar to when the partners were married.
Determining Spousal Support
Spousal support still exists in some form in almost every state. However, unlike the strict and specific state laws governing
child support orders, the courts are given much more discretion in determining alimony.
Spousal Support Not Automatically Ordered
Spousal support is not automatic. The court will decide whether spousal support should be awarded, for how long spousal support should be awarded, and how much spousal support should be awarded.
Even if spousal support payments are negotiated in a divorce settlement, the court must approve the settlement to ensure it is fair and equitable.
Judge Determines Variable Factors
The Judge considers the following factors in determining spousal support:
- The age, physical, and emotional health of both spouses
- The current and prior financial condition of both spouses.
- The amount of education or training the receiving spouse would need to support themself.
- Their standard of living throughout the marriage.
- The duration of the marriage.
- The financial ability to pay and the financial need of each spouse.
Threshold Issue in Obtaining Spousal Support
Should you qualify for spousal support, it will be based on various factors the court will consider.
The Two Threshold Considerations are:
- Whether you have a financial need for spousal support.
- Whether your spouse has the ability to pay you.
The exact information courts require to determine whether you are entitled to spousal support depends on what factors your court considers.
Factors Considered in Determining Spousal Support
Current Financial Condition of Parties.
Generally, you must show the court your income and expenses. You should gather your bills to show the court your living expenses. Be sure to factor in things like your groceries and personal care expenses.
You should also provide the court with as much information about your spouse’s finances as possible. If your spouse has excess income while you have a monthly deficit, you are more likely to be awarded spousal support.
The court order will consider the gross income of both parties to determine if one spouse has sufficient income to support the other spouse without compromising their financial stability.
Length of Marriage
Most states consider the length of the marriage to determine the duration and amount of spousal support.
Courts generally consider whether the marriage was short—or long-term. While courts generally do not award lifetime spousal support for a long-term marriage, usually more than 20 years in most states, the lesser-earning spouse may be awarded spousal support for a more extended period of time.
If your marriage is long-term and your spouse’s ability to meet financial needs exceeds yours, you may be entitled to spousal support. This will depend on your ability to meet your needs in the future and, therefore, be entitled to long-term or even permanent support.
Health Condition and Age
Suppose you have been
injured in an accident and now have a disabling medical condition that impacts your ability to work or requires significant
medical treatment. In that case, you may be entitled to spousal support. Depending on your circumstances, the court can award spousal support for a
limited time.
However, suppose you have an ongoing medical condition that prevents employment or are of an age when it is unreasonable to expect you to return to work. In that case, the court may award you permanent spousal support.
The court might also consider whether you or your spouse are near
retirement age and how retirement will affect your financial needs and resources.
Spouses Education and Employability
Suppose there is a disparity in your and your spouse’s level of education. In that case, the court may consider this in awarding spousal support. For example, if your spouse has a professional degree that enables them to earn a more significant income while you do not have such a degree or future earning power, a court may order that your spouse pay you spousal support.
Stay-At-Home Parent
If you have been unemployed as a stay-at-home parent or stay-at-home spouse because you have served as the parent who primarily handles child-rearing duties, the court may award you spousal support.
The award may be limited to what the court believes necessary to allow you to re-enter the workforce full-time or increase your education or experience.
Bad Behavior While Married
In most states, a spouse’s bad behavior (such as an affair) does not affect spousal support. However, if a spouse’s abusive behavior, such as engaging in
domestic violence or has prevented the requesting spouse from obtaining necessary education or employment, that behavior might affect an award of spousal support because it has affected the earning power of the requesting spouse.
Frequency of Support Payments
Spousal maintenance payments may be ordered in monthly payments. Still, it may also be awarded as a larger one-time payment, depending on the respective financial condition of the parties.
In some cases, a court may award a lump sum alimony payment or reimbursement alimony, ensuring that a former spouse receives financial support that accounts for past contributions or expenses, using marital property or other sufficient property as the basis for the settlement.
Spousal Support Dependent On Jurisdiction
In divorce cases involving spousal support, each state enacts and enforces its laws, varying considerably depending on the jurisdiction where the parties reside.
Irrespective of state jurisdiction, all courts take their support orders very seriously and expect the paying party to fully comply with the court’s orders.
All support orders are backed by criminal and civil enforcement authorities, and violating such orders is punishable by fines,
jail, or both.
Uniform Marriage and Divorce Act (UMFA)
States selectively adopt the UMFA rules
Concerning alimony, most states have adopted many of its support provisions from the
Uniform Marriage and Divorce Act. Under this act, it is recommended that family court judges consider numerous factors when determining alimony awards.
The UMFA Factors Commonly Adopted by States
- The age and occupation of spouses
- The physical condition of spouses
- The Emotional well-being of spouses
- The financial stability of spouses
- The former versus current living standard
- The primary caretaker of the children
- The financial ability of the paying spouse to support the recipient and still be able to support themself.
While determining alimony is almost always left to the court’s broad discretion, once the court issues its support orders, they are strictly enforced under the court’s contempt powers.
Non-Compliance With Spousal Support Order
Contempt of Court
Suppose the person ordered to pay alimony does not comply with the court’s order. The non-paying party may be found in contempt can include both
civil and criminal penalties – including jail, which is extremely rare.
Declaring Spousal Income
To ensure the truth and accuracy of each spouse’s financial condition, they will likely be required to fill out
individual income declarations.
These are sworn declarations of all income and expenses and are made under penalty of perjury.
Although rare, the court may inquire into all income-producing sources listed in their respective income declaration in heavily contested divorces.
The court may inquire about income from rental property, pensions,
social security, and stock interest earned from investments. It will also consider dividends and whether either spouse is collecting
unemployment benefits.
Spousal Support While Still Married
Spouses must support each other while married, but sometimes complex legal issues arise. What is clear is that each spouse has the same legal obligation to support the other, regardless of gender.
Separate Property Used for Spousal Support
Non-marital or separate property is commonly used to satisfy spousal support payments. The property you or your spouse earned during the marriage is generally treated as marital property.
When determining financial support, courts often evaluate whether the marital property is sufficient to provide for both parties. This can influence whether one spouse receives a one-time payment known as lump sum alimony.
Determining the property’s status as separate property depends on whether you or your spouse:
- Owned the property before the marriage or
- Received or received the property individually as a gift or through inheritance.
If the spouses have both marital and non-marital property, the marital property must be used first for support.
Spousal Support Limits
By state statute, there are limits to the amount of alimony one spouse may be ordered to pay the other. The support obligation covers only “necessaries of life.” But these may vary considerably, depending upon one’s standard of living.
Suppose there are significant disagreements about what you should spend money on. In that case, discussing these problems with a professional, such as a
marriage counselor, is reasonable. You may wish to
mediate the marital dispute if the disagreements turn legal.
In cases where long-term support isn't warranted, the court may opt for temporary support or temporary alimony, allowing one spouse time to gain financial independence.
Impact On Living Apart
Suppose you and your spouse live apart but have not finalized the divorce. In most states, you will still be obligated to support the other, depending on how the court might define “necessities."
Additionally, courts may consider any retirement benefits that either spouse is entitled to when determining alimony payments, which could affect
both the amount and duration of spousal support awarded.
Permanent Spousal Support
Generally, spousal support is awarded only for as long as it will take the receiving spouse to meet their education, training, or other needs to be self-sufficient.
Events That Can Lead To Spousal Support Becoming Permanent:
- Spousal support may be ordered to be permanent if the receiving spouse has a medical condition that will prevent future employment, and the paying spouse can pay permanent maintenance.
- Spousal support may also continue after the remarriage or after the death of the paying spouse.
- Spousal support that continues after the death of the paying- spouse is generally secured by a life insurance policy.
Legal Tip
[LegalTip]
Get Informed On The Divorce Laws and Process In Your State. No two states follow the same law. If you are considering filing for divorce, it is advisable to consult an experienced local
divorce lawyer as early as possible.[/LegalTip]
Spousal Support Can Be Adjusted
Depends on the laws of your state. Generally, the amount of spousal support awarded in a final judgment can be adjusted only if there exists a significant change in circumstances, such as:
Enforcing Payment of Spousal Support
In most states, if a spouse fails to pay the spousal support amount they were ordered to pay, the receiving spouse can bring a motion for contempt, asking the court to force that spouse to pay the support award.
Under current alimony laws, payments such as rehabilitative alimony are often considered taxable income for the receiving spouse. It's important to factor in potential tax liabilities when discussing the terms of spousal support.
Paying Taxes on Spousal Support
According to the
IRS, spousal support is considered a
tax deduction. When calculating the amount of spousal support, consider factoring in tax consequences.
Depending on your circumstances, you should consult a tax planner to determine your potential tax liability.
Ten Common Misconceptions About Spousal Support
Misconception 1: Spousal support is automatically awarded in a divorce.
Reality: Spousal support is not automatically awarded. Courts consider various factors, such as the length of the marriage, the financial need of the recipient spouse, and the ability of the paying spouse to provide support.
Misconception 2: The higher-earning spouse always has to pay spousal support.
Reality: The court's decision on spousal support is based on the case's specific circumstances, not solely on the spouses' relative incomes.
Misconception 3: Spousal support is a lifetime entitlement.
Reality: Spousal support is typically awarded for a limited duration to allow the recipient spouse to become self-sufficient. The length of the award is often tied to the length of the marriage.
Misconception 4: Spousal support payments are not taxable.
Reality: Spousal support payments are generally considered taxable income for the recipient and tax-deductible for the payer unless the divorce agreement specifies otherwise.
Misconception 5: Spousal support cannot be modified.
Reality: Spousal support orders can be modified if there is a significant change in the financial circumstances of either spouse, such as a job loss or a substantial increase in income.
Misconception 6: Spousal support is the same as child support.
Reality: Spousal and child support are distinctly different legal concepts with different purposes and calculations.
Misconception 7: Spousal support is only awarded in long-term marriages.
Reality: Spousal support can be awarded in shorter-term marriages, depending on the specific circumstances of the case and your state law.
Misconception 8: Spousal support is always paid in a lump sum.
Reality: Spousal support is typically paid in periodic installments, although a lump-sum payment may sometimes be an option.
Misconception 9: Spousal support is always paid to the wife.
Reality: Spousal support can be awarded to the husband or the wife, depending on the spouse's financial circumstances.
Misconception 10: Spousal support is a punishment for the higher-earning spouse.
Reality: Spousal support is not a punishment but rather a means of ensuring the financial stability of the lower-earning spouse during and after the divorce process.
Three Testimonials On Whether Their Spousal Support Was Fair
Testimonial 1. This spouse had this to say about spousal support and her ex-husband:
As a woman going through a divorce, my ex is going for spousal support even though he worked the entire time. I just worked much harder and smarter than him. I also did all the housework and most everything with our kids. It sickens me that an able-bodied man (albeit lazy) is able to go after me to support him in the style that he was accustomed to from my very hard work.
Testimonial 2. This spouse had this to say about her experience with spousal support and went on to share the spousal support issues between her parents:
I'm divorced, but we were in our 20s, earning about the same amount of money, so alimony didn't make sense.
My parents got divorced after 18 years of marriage. My mother didn't request alimony (she should have) and is on SSDI, and my father retired in his 50s. I'm not sure what her life would have been like if she had received alimony instead of SSDI, but obviously, it would have ended when he retired. He might not have been able to retire in his 50s if he had had to pay spousal support.
I think alimony is 100% reasonable when one person sacrifices their career for their partner and family...
Testimonial 3. This frustrated spouse had this to say about her non-contributing spouse:
I have considered divorce as well for this very reason. I am the breadwinner and do a lot of the household and childcare stuff. The other day, I told him that he needs to pitch in more financially and with the household/child-rearing because I'm just tired and FED UP. Like why is he even here? What does he add to my life? I'm literally staying because my kids adore him. Sigh...
Source of Spousal Testimonials.
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Initial custody orders work well when both parents try their best to comply with the parenting plan and court orders. This is especially true when parents live close to each other, cooperate, and jointly commit to their child's growth and best interests.
This article covers the legal issues when a divorced parent relocates with the children, leaving the remaining parent behind with limited to no access to their children.
Divorced Parent Moves Away With Child
In most cases, single parents are also working parents. Living close to each other means one parent can help the other parent when they're in a bind for time, such as asking the other parent to pick up the child from school and prepare dinner.
But what happens when one of the parents receives a lucrative out-of-state job offer they can't turn down? Even if accepting the job offer will mean taking their child with them?
Even among educated and well-to-do single parents, when one parent moves away and takes their child with them, it can strike at the emotional core of the remaining parent. What began as a cooperative parenting relationship can quickly turn into a highly contentious and expensive custody battle.
State laws differ regarding the relocation of parents
Many state jurisdictions require one parent to give advance notice and obtain permission from the non-relocating parent before the parent can relocate. Without the remaining parent's consent, and if challenged, the family court must determine if a custody change is warranted.
Other state jurisdictions only require advanced notice of the relocation, except if the relocation is out of state. If so, the court must usually make a factual and legal determination of the issues before granting or denying a custodial modification.
Existing Custodial Relationship
Two types of custody:
Primary custodial parent
The custodial issue to be resolved by the court or mediator is first to determine which of the two parents, through their actions and care of the child, was, in fact, the primary custodial parent over the child. The inquiry can be a factual issue as well as a legal one.
Joint physical custody
For example, even if both parents were initially ordered to jointly share physical custody of the child, one parent will typically assume the role of the primary custodial parent.
This could mean, for example, that the child resides with the primary custodial parent but spends weekends and school vacations with the other parent.
A Parent's Right To Move Freely
A competing issue is the right of a single parent to move freely, especially when the reason for relocating is a job that would provide the child with a higher standard of living and education. For example, the child could attend private school, and the parent could save enough money for the child's college education.
Remaining parent-child bond
A child's higher living standard is essential but not the only one considered. For example, what might be the emotional consequences of the child being separated from one parent?
These factors must be balanced with whether the nonmoving parent can maintain a solid parental bond with the child. If so, arranging a fair arrangement between both parents might be possible.
Seeking a Modification To The Existing Custody Order
Parents that are unable to resolve the custodial issue between themselves, the remaining parent may need to seek a modification to the current custody orders.
In move cases, the move-away parent will have to convincingly demonstrate there has been a substantial change of circumstances to justify the custodial modification.
Parent Leaving State With Child In Violation of Law
Suppose a parent moves a child across state lines without permission and violates the law. In that case, the parent could face criminal prosecution, including being found in contempt of court, which includes fines and even imprisonment.
Suppose there is evidence that the child was taken against their will, or it is determined that the child suffered emotional trauma due to parental abduction. In that case, the parent can be facing federal kidnapping charges.
At the very least, if requested by the aggrieved parent, the court could decide to deny the offending parent physical custody and award the remaining parent with sole legal and physical custody.
Factors that help the court determine the actual circumstances
Much will depend on the factual circumstances surrounding the abduction. For example, did the abducting parent reasonably believe the other parent was:
- Engaging in dangerous criminal activity,
- physically abusing the child,
- emotionally abusing the child,
- addicted to alcohol and drugs?
Move-away scenario
Consider the following scenario:
Q: My brother lived in New Hampshire with his girlfriend for over five years. Under New Hampshire laws, cohabitation before emancipation was neither prohibited strictly nor enforced by the state. So, they never married.
My brother's girlfriend has since left New Hampshire with their child.
There should be some law that would allow my brother to see his children. They are both now over twenty years old. My brother wants to see his child, and the mother wants to receive child support.
A. Violating parental responsibility laws or not complying with the court-ordered child support agreement can have severe consequences for everyone involved. Failure to pay can result in the following types of state collection actions:
Court's options:
- Wage garnishment
- Withholding your tax return
- Revocation of a driver's license
- Attachment of your bank account
- Seizure of your real property
Divorce Lawyers
Should you have specific questions concerning the move-away parent's rights and obligations or any of the issues presented, consult a verified Divorce Lawyer as soon as possible.
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