Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System
160 Judy Reichler Counsel should prepare for the two most popular arguments noncustodial parents raise for reducing the amount derived from application of the percentages: the costs of visitation and the needs of other children. A noncustodial parent may be able to receive a reduction in support for extraordinary expenses incurred in exercising visitation or for the increased expenses of extended visitation — but only if the child is not receiving public assistance and only if the increased expenses substantially reduce the custodial parent’s expenses. Even if the parties have joint custody, or the parents equally share their time with the child, the court must first establish the amount of child support by utilizing the percentages before reviewing the expenses and other circumstances of the parents to determine if a reduction in support is warranted, keeping in mind the duplication of costs that is often required when custody is shared by the parents. The noncustodial parent may also receive a reduction in support if he has other children he is obligated to support, but not pursuant to a court order. This reduction is only available if the court reviews the resources of the other parent of those children and determines that resources available to support the other children are less than the resources available to support the child under consideration. Whenever the court varies from the formula, the court is required to include in the order the factors it considered and the reasons for the level of support ordered. Except in the case of temporary orders, this requirement may not be waived by either party or counsel. 20 Sanctions for Failure to Disclose Even though complete financial disclosure is compulsory, resistance is common. Noncompliance with compulsory financial disclosure is punishable by granting the custodial parent the relief requested or by precluding the obligor parent from offering evidence about his ability to pay. 21 It will be your job to see that the other parent is not rewarded by refusal to disclose financial information.
Counsel and Expert Fees Victim Who Needs Child Support 161 Both the Supreme Court and the Family Court are authorized to order one party to pay counsel fees in order to enable the other to carry on or defend an action or proceeding. 22 In addition, the court is required to order counsel fees in any action or proceeding for failure to obey a support order if the court finds that the failure was willful. 23 Conclusion In summary, the most important things you will need to know before rushing into court to get an order of support are the following: 1. Will your client be safe during the process and can she safely receive the money? 2. Does the father have sufficient income to make a difference to your client, and will she be able to prove it? 3. Will she be able to enforce an order once it is made? Helping victims of domestic violence obtain child support has its many rewards. As long as you remember that you are dealing with a potentially volatile situation and conduct the case accordingly, you will have the satisfaction of knowing that you have helped your client in an essential area that will allow her to gain the ability to function on her own.
- Page 127 and 128: Moving On: UCCJEA, The Hague Conven
- Page 129 and 130: Moving On: UCCJEA, The Hague Conven
- Page 131 and 132: Moving On: UCCJEA, The Hague Conven
- Page 133 and 134: Moving On: UCCJEA, The Hague Conven
- Page 135 and 136: Notes Moving On: UCCJEA, The Hague
- Page 137 and 138: Moving On: UCCJEA, The Hague Conven
- Page 139 and 140: The Uniform Child Custody Jurisdict
- Page 141 and 142: UCCJEA and Domestic Violence: A Cas
- Page 143 and 144: Safety Issues UCCJEA and Domestic V
- Page 145 and 146: UCCJEA and Domestic Violence: A Cas
- Page 147 and 148: Notes UCCJEA and Domestic Violence:
- Page 149 and 150: The Hague Convention on the Civil A
- Page 151 and 152: Civil Aspects of International Chil
- Page 153 and 154: Civil Aspects of International Chil
- Page 155 and 156: Conclusion Civil Aspects of Interna
- Page 157 and 158: Domestic Violence and Money 10 Repr
- Page 159 and 160: Victim Who Needs Child Support 141
- Page 161 and 162: Victim Who Needs Child Support 143
- Page 163 and 164: Victim Who Needs Child Support 145
- Page 165 and 166: Victim Who Needs Child Support 147
- Page 167 and 168: Address Confidentiality Victim Who
- Page 169 and 170: Negotiating an Agreement When an Ag
- Page 171 and 172: Victim Who Needs Child Support 153
- Page 173 and 174: Victim Who Needs Child Support 155
- Page 175 and 176: Victim Who Needs Child Support 157
- Page 177: Victim Who Needs Child Support 159
- Page 181 and 182: Victim Who Needs Child Support 163
- Page 183 and 184: Victim Who Needs Child Support 165
- Page 185 and 186: Notes Victim Who Needs Child Suppor
- Page 187: Part IV Criminal Justice
- Page 190 and 191: 172 Lisa Fischel-Wolovick of an ord
- Page 192 and 193: 174 Lisa Fischel-Wolovick Primary A
- Page 194 and 195: 176 Lisa Fischel-Wolovick called th
- Page 196 and 197: 178 Lisa Fischel-Wolovick Notes 1.
- Page 199 and 200: Intimate Partner Sexual Violence 12
- Page 201 and 202: When Domestic Violence Victims Are
- Page 203 and 204: When Domestic Violence Victims Are
- Page 205 and 206: When Domestic Violence Victims Are
- Page 207 and 208: When Domestic Violence Victims Are
- Page 209 and 210: Notes When Domestic Violence Victim
- Page 211 and 212: Although stalking is a crime under
- Page 213 and 214: Crimes of Stalking Taking Stalking
- Page 215 and 216: Taking Stalking Seriously 197 stari
- Page 217 and 218: Taking Stalking Seriously 199 Assis
- Page 219 and 220: Conclusion Taking Stalking Seriousl
- Page 221: Taking Stalking Seriously 203 23. F
- Page 224 and 225: 206 Elizabeth Cronin Moreover, vict
- Page 226 and 227: 208 Elizabeth Cronin assault cases
Counsel and Expert Fees<br />
Victim Who Needs Child Support 161<br />
Both the Supreme <strong>Court</strong> and the Family <strong>Court</strong> are authorized to order one<br />
party to pay counsel fees in order to enable the other to carry on or defend an<br />
action or proceeding. 22 In addition, the court is required to order counsel fees in<br />
any action or proceeding for failure to obey a support order if the court finds<br />
that the failure was willful. 23<br />
Conclusion<br />
In summary, the most important things you will need to know before<br />
rushing into court to get an order of support are the following:<br />
1. Will your client be safe during the process and can she safely<br />
receive the money?<br />
2. Does the father have sufficient income to make a difference to<br />
your client, and will she be able to prove it?<br />
3. Will she be able to enforce an order once it is made?<br />
Helping victims of domestic violence obtain child support has its many<br />
rewards. As long as you remember that you are dealing with a potentially<br />
volatile situation and conduct the case accordingly, you will have the satisfaction<br />
of knowing that you have helped your client in an essential area that will allow<br />
her to gain the ability to function on her own.
Change language