Child Custody & Support Analysis Flashcards

A child support obligor moves to another state. Which law governs enforcement of the existing support order across state lines?

Answer: UIFSA allows the original order to be registered and enforced in the new state

UIFSA provides a streamlined process for registering and enforcing a foreign support order in any state where the obligor resides or has property.

Which of the following custody arrangements is defined as 'bird's nest custody'?

Answer: Parents alternate living in the family home while the child stays there full-time

Bird's nest custody keeps the child in the family home while the parents rotate in and out, minimizing disruption for the child at the cost of complexity for the parents.

A non-custodial parent is significantly in arrears on child support. Which federal enforcement tool allows interception of federal income tax refunds?

Answer: The Child Support Enforcement (Title IV-D) Federal Tax Refund Offset Program

The Federal Tax Refund Offset Program under Title IV-D of the Social Security Act intercepts federal tax refunds of parents who owe past-due child support.

When analyzing whether a child support order should be modified, what is the typical threshold that must be demonstrated?

Answer: A substantial and material change in circumstances since the last order

Courts require a substantial and material change in circumstances—such as a significant income shift or change in the child's needs—to justify modifying an existing support order.

A divorcing parent discovers the other parent has been hiding assets in a cryptocurrency wallet. How should a CDA advise?

Answer: Advise engaging a forensic accountant and using discovery tools to trace and value the cryptocurrency

Forensic accountants experienced in digital assets can subpoena exchange records, analyze blockchain transactions, and present valuations to the court for inclusion in financial disclosures.

Under the income shares model of child support, what does the basic support obligation represent?

Answer: The total estimated cost of raising the child, shared proportionally by both parents' incomes

The income shares model combines both parents' incomes to estimate what would have been spent on the child in an intact household, then apportions that obligation by each parent's income share.

A parenting plan includes a 'right of first refusal' clause. What does this mean?

Answer: Before using a third-party caregiver for an extended absence, the parent must first offer that time to the other parent

A right of first refusal clause requires a parent who will be absent beyond a specified period to offer the time to the other parent before using a babysitter or family member.