News & Analysis as of

Child Support Modification

Fox Rothschild LLP

Superior Court Finds Income is Income Until it Isn’t

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For time immemorial Pennsylvania’s appellate law has held that people who have children have a duty to deploy their resources to see that those children are adequately support. Child support is a “priority” obligation. “The...more

Fox Rothschild LLP

If No Child Support Order Exists, You Don’t Need to Show a Change of Circumstances to Establish Child Support

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Black letter law is that to change a child support Order, the person seeking a modification must show a substantial and continuing change of circumstances. But what is the standard if there is a custody agreement, even if the...more

Fox Rothschild LLP

An Early Nominee for 2024’s Most Bizarre Child (Non) Support Case

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The phrase “Truth is stranger than fiction” is attributed to Mark Twain. There are occasions when an appellate case presents a conundrum. And while it might seem fitting to criticize the trial or appellate courts in case like...more

Lasher Holzapfel Sperry & Ebberson PLLC

Child Support Past High School Graduation? Postsecondary Educational Support in Washington

In many states, child support obligations do not extend past either the age of 18 or the child’s graduation from high school. In Washington, however, a parent can file a petition to continue child support after the child...more

Fox Rothschild LLP

Custody Contempts: Where Rights Have Few Remedies

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Until the Covid pandemic throttled the judicial system the Pennsylvania Superior Court could bank on disposing of 7,500-8,000 filings a year. The vast majority of these are appeals from trial court rulings where one or both...more

Fox Rothschild LLP

New Guidelines and Forms for Parent Coordinators Published

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As I noted last month, there is a new court rule for parent coordinators effective September 1, 2023. At the time, they had not yet published the Guidelines. Yesterday, Directive 16-23 was published. Attached to the notice,...more

Dentons

I Don’t Appreciate Your Alleged Depreciation

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In Iowa, child and spousal support (alimony) amounts are mainly determined by each party’s income. But income is not the whole story. Parties may deduct certain qualified expenses, resulting in a lower income amount used in...more

Fox Rothschild LLP

A Tale of Two Forums: From Bais Din to the Appellate Division and then Back Again (and Again, and Again)

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The recent Appellate Division decision of Litton v. Litton presents an extreme case of what happens when a litigant agrees to submit his or her dispute to arbitration in Rabbinical Court, Bais Din, but then decides not to...more

Obermayer Rebmann Maxwell & Hippel LLP

A Change in Your Circumstances May Also Result in a Change in Your Support Order

Support orders may be modified by either party at any time as long as there is a material and substantial change in circumstances. However, when a party seeks to modify a support order, the party who wants to modify the order...more

Fox Rothschild LLP

Top 10 Posts of 2022

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The end of the year is the time for holiday merriment and top 10 lists. As a kid, I used to love to listen to Casey Kasem’s countdown of the top songs of the year. So I decided to do a top 10 list related to posts on this...more

Burns & Levinson LLP

New Guidance on the Intersection of Alimony and Child Support

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The Massachusetts alimony statute provides that when alimony is set, the court shall exclude from the calculation gross income, which the court has already considered for setting a child support order.  Effectively, this has...more

Lasher Holzapfel Sperry & Ebberson PLLC

In Washington, What are your Chances of Successfully Appealing your Family Law Case?

Ask any good attorney a question, and you will probably be given the following response: “It depends.” The answer usually serves as a preface to a more thorough discussion about the specific facts of your case, what the...more

Fox Rothschild LLP

Superior Court Affirms Concept of Child Support Agreement as Convertible to Alimony.

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Non modifiable child support provisions are infrequent but do come up occasionally when parties are negotiating Property Settlement Agreements. It typically arises when a dependent spouse asserts that a certain level of...more

Weber Gallagher Simpson Stapleton Fires &...

Let's Talk New Child Support Guidelines for 2022

Pennsylvania has issued new Child Support Guidelines that went into effect on January 6, 2022. In this episode, Family Law Partner, Carolyn Mirabile, discusses what you need to know about the updated Guidelines, including new...more

Cozen O'Connor

Pennsylvania Support Changes

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January 1, 2022 saw the changes made pursuant to Pennsylvania’s quadrennial review of child support go into effect. While most of the changes and updates were minor, there are some that may impact existing child support...more

Jaburg Wilk

Should You Modify Your Child Support Obligation?

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Parties may jointly agree to modify child support by submitting a stipulation, signed by both parties and/or their respective counsel, to the Court. To qualify for modification of your child support obligation, Arizona...more

Jaburg Wilk

How Is Child Support Calculated In Arizona?

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In Arizona, child support is calculated pursuant to the Arizona Child Support Guidelines (the “Guidelines”) under Arizona Revised Statutes (“A.R.S.”) § 25-320. However, to determine a party’s child support obligation, data...more

Obermayer Rebmann Maxwell & Hippel LLP

2022: Changes to the Pennsylvania Support Guidelines

The Pennsylvania Support Guidelines are reviewed every four years often resulting in changes to parties’ support awards and obligations. Recent changes to the statewide guidelines for calculating child and spousal support...more

Fox Rothschild LLP

New Jersey Appellate Division Rules: COVID is Not a Permanent Change of Circumstances to Modify Support

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Since the onset of the pandemic, New Jersey family law practitioners and litigants alike have been wondering how the obvious financial repercussions the pandemic has wrought on individuals’ financial circumstances would be...more

Fox Rothschild LLP

What Constitutes an Overnight for Child Support Purposes?

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A previous post from August 22, 2010 defined “shared parenting” by New Jersey standards, specifically: anything between 28% (104 overnights) and 50% of the overnights with the children. This comes directly from Paragraph...more

Fox Rothschild LLP

You May Not Get to Reduce Your Alimony if Your Voluntary Sale of Your Business Reduces Your Income

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More and more, we have seen medical practices bought up by hospitals, large medical groups and venture capitalists who combine the practices into mega-practices or networks. In those cases, often one doctor in a group has no...more

Bowditch & Dewey

Five Key Changes to Massachusetts Child Support Guidelines

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Federal law requires that child support guidelines be reviewed every four years, consider the economic costs of raising children, and take into account certain other factors, such as the noncustodial parent’s ability to...more

Burns & Levinson LLP

New Child Support Guidelines to Go Into Effect This Fall

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On August 2, 2021, Chief Justice of the Trial Court, Paula M. Carey, signed new Child Support Guidelines, which go into effect on October 4, 2021. These new guidelines are the result of work by the Child Support Guidelines...more

Fox Rothschild LLP

Child Support And Residing Away From Home At Boarding School: The Logical Extension Of The College Support Analysis

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The Appellate Division’s July 6, 2021 decision follows nearly a decade of post-judgment divorce litigation between the parties. Defendant appealed three (3) Family Part orders which (1) denied his motion to reopen an...more

McAfee & Taft

Child support encounters of the employer kind

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Oklahoma child support is regulated by state statutes, enforced by courts and agencies, and often affects employer programs and payrolls. Child support includes parental payment as well as benefits provision. Employer health...more

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