Family Law Newsletters

The Family Support Act of 1988

The Family Support Act of 1988 amended the guidelines provisions of the Child Support Enforcement Amendments of l984 by requiring that a state's support guidelines operate as a ''rebuttable presumption'' of the correct support amount in any judicial or administrative proceeding for the award of child support.

Post Decree Modification of Spousal Support

While a divorce case is pending, a court has the power to dissolve the parties' marriage, to resolve issues of child custody and child support, to divide the parties' debts and liabilities and to order the payment of spousal support. The court has the power to take these actions because it has jurisdiction over the parties and the subject matter. Once a final divorce decree is entered, the case terminates.

Adoption and Safe Families Act - Termination of Parental Rights

The Adoption and Safe Families Act (ASFA) requires a state to file a petition to terminate a parent's parental rights to a child if:

Child Welfare Agency's Potential Malpractice Liability for Violating Parental Rights

Although intervention by a child welfare agency is sometimes required for the protection of a child, sometimes the investigation may become over zealous or slanderous in nature. Investigating claims that a child is the subject of mistreatment is difficult. The agency should attempt to investigate all claims made with a balanced outlook.

Post Decree Modification of Child Support

Generally, child support is a noncustodial parent's obligation to support a child until he reaches age 18, graduates from high school, or is otherwise emancipated. A child can be emancipated through a statutory process, by entering the military service, or by getting married.