Child Support Guidelines: Interpretation and Application

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Aspen Publishers Online, Sep 28, 2011 - Law - 1066 pages
Child Support Guidelines, Second Edition is the only comprehensive guidebook for determining child support awards that takes practitioners step-by-step through the interpretation and application of the guidelines and their worksheets in both the normal and exceptional child support case. This unique publication thoroughly covers each state's version of one of the three basic models for determining child support: the percentage of income model, the income shares model, and the Melson formula.

Important issues affecting calculations are clearly explained, including:

  • Definition of andquot;incomeandquot; under the guidelines
  • The impact of divided custody, shared custody, split custody, and extended visitation
  • Second household expenses, other dependents, subsequent children, and stepchildren
  • Impact of a private contract on the court's decision to apply the guideline amount
  • Deviation from the guidelines for a high income parent
  • Deviation from the guidelines to pay for medical expenses, private school, and child care expenses
  • Imputed income
  • Modification of prior awards
  • And more.
 

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I have not read the entire book, however a case cited in the book Nadrich v. Nadrich is my case.
The author takes an excerpt from the ruling that is out of context and misrepresents the overall
ruling, which ultimately reversed the award of child support and was never granted upon rehearing, the author misses other important facts of the case. Basically the Judge erred in awarding child support by ignoring the substantial time sharing arrangement the parties had agreed too. The argument of wages had nothing to do with child support, but the author's title of the book and excerpt implies it does, giving a false reliance on the ruling.
This case is more importantly cited as it pertains to alimony, award of attorney fees, in-conjunction with a prior appellate ruling to homestead rights. Three subsequent cases have properly cited this case to state " And the trial court is also required to consider the former husband's own reasonable and necessary living expenses."
- in George v. George, 2012 and one similar citation.
Should an attorney attempt to use this excerpt for opposing counsel should easily counter the argument and not taking the excerpt as the author represents.
Unfortunately the law is only as good as the lawyers that interpert the facts and make the citations.
I also hope the author had done a better job in researching other cases as cited in her book.
 

Contents

Chapter
1-1
Income
1-12
Chapter 2
1-26
THE ECONOMICS OF CHILD SUPPORT GUIDELINES
1-55
Chapter 3
4-3
Chapter 6
5-6
DISCOVERY OF INCOME
6-1
Chapter 7
7-7
Chapter 8
9-8
Chapter 9
9-9
TABLE 91 StateByState Treatment of Standard of Variance
9-17
Appendix
A-5
DEVIATING FROM THE GUIDELINES
A-8
STATEBYSTATE SUMMARY OF CHILD SUPPORT
B-1
Chapter 4
B-4
SAMPLE CHILD SUPPORT GUIDELINES
C-1

PROCEDURE
8-1
TABLE 71 StatebyState Treatment of Health Insurance Costs
8-14
TABLE 83 StatebyState Treatment of Education Expenses
8-29
TABLE 73 StatebyState Treatment of Child Care Expenses
8-42
TABLE 85 StatebyState Treatment of the Duty to Provide College
8-44
Support
8-60
TABLE 87 StatebyState Treatment of the LowIncome Parent
8-87
Selected Bibliography
C-31
Table of Authorities
TU-1
Table of Cases
TW-1
StatebyState Table of Cases
TW-55
Index
IW-1
Chapter 5
IW-5
Copyright

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