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Family Law

1. Prior to or contemporaneous with the filing a Calendar Request/Notice of Hearing in a child support matter, what local form, and pursuant to what specific local rule, must the filing party file with the court?
 
2. By means of what form (name and number) is the child support obligation determined for a parent with primary custody? Cite to statutory authority.
 
3. With respect to the form in Question 2 above, assume the monthly adjusted gross income for the Plaintiff is $8,000.00, and the Defendant is $9,200.00. What is the Basic Child Support Obligation for two children?

Sample Answer

1. Prior to the filing of a calendar request or notice of hearing in a child support matter, the filing party should follow certain local form and rules. The child support must be brought in the Court of residing country of the child or in the country where his or her parents resides. The filing party should mention the identity, date of birth and residence of the parties and the child. Pursuant to the Uniform Child Custody Jurisdiction Act, the jurisdictional facts of the custody should also be stated. The additional allegations regarding the ability of the non-custodial parents to provide child support and the required legal fees may be sought in the claim. The need of the custodial parents of the material residence to provide support to the child. The claim for relief should come along with the other requisites in the complaint.

2. 16–914 of the Code of the District of Columbia requires that the custody of a child should be given to a parent considering the best interest of the child. Pursuant to the Federal Child Support Enforcement Act every states are required to develop and follow the guidelines to calculate the range for paying child support. A parent or a third party has primary custody of a child if the child lives with the parent for at least 243 nights during a particular year. This obligation shall be determined with the help of AOC-CV-627, Rev. 1/15 form. The primary custody is determined irrespective of whether a parent has shared or primary custody of a child. The worksheet A is to be used to determine the obligation for primary custody. The payment made by the parents for child support of other children is subtracted from the monthly gross income of both the parties. The expenses for other living children of that parent is deducted from their gross income. Using the Schedule of Basic Child Support Obligations the child support may be sought based on the combined income of the both parents and the number of the children who are involved in this pending action.3. As per the North Carolina Child Support Guidelines the child support is considered as shared obligation. The monetary obligation in case of a child support is computed and determined from the gross income of both the parents. The guideline provided the instructions for child support for those families which have income of less than $300000 per year. The combined income includes child-rearing costs, considering the responsibility for other children, extraordinary medical expenses and work related day care. The health insurance premium for the child and extraordinary expenses related to the child are also considered while determining the obligation of the parents with [primary custody. In such a case where the combined adjusted gross income is 17200, the obligation for basic child care support for 2 children are 2446.
References
Americanbar.Org, 2018, https://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/family/Chapter11-cs.pdf. Accessed 19 Nov 2018.

Code of the District of Columbia

Federal Child Support Enforcement Act

Uniform Child Custody Jurisdiction Act

Waller, Maureen R., and Robert Plotnick. "Effective child support policy for low?income families: Evidence from street level research." Journal of Policy Analysis and Management: The Journal of the Association for Public Policy Analysis and Management 20.1 (2001): 89-110.

 

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