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for Child support--Laws and legislation
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Record #:
5559
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State child support laws are a combination of judicial interpretation, federal legislation, and state mandates. However, some issues, including grounds in seeking a reduction of a child support award, remain unresolved.
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Record #:
6238
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How is the law applied when a parent or child living abroad seeks child support or alimony from a parent or spouse living in North Carolina, or vice versa. Saxon discusses the various laws that might or might not apply in international family support cases.
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Record #:
25885
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New legislation in 1987 brings some changes to family law in North Carolina. The Uniform Premarital Agreement Act does away with the limitations on non-property rights for pre-marital agreements, while the procedure for equitable distribution was altered to allow parties to file an action any time after separation. Two acts became effective this year to require income withholding for those delinquent in child support. Judges are also required to consider joint custody if either parent requests it. Several laws also affect the consent for adoption and placement of children under the age of six months. Lastly, legislation now provides a concrete definition for what constitutes domestic violence and how law enforcement makes arrests in these situations.
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Record #:
25888
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In June 1994, a number of revisions were made to the North Carolina child support guidelines. These include the establishment of a self-sufficiency reserve to limit the responsibilities of obligors with low incomes, changes to health insurance premium payments, and the addition of income and support orders with respect to level of income and time of order.
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Record #:
25889
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In response to the Parental Kidnapping Prevention Act and increasing problems caused by conflicting orders in interstate child support cases, Congress enacted the Full Faith and Credit for Child Support Orders Act. Saxon summarizes the provisions of this act and its effect on North Carolina courts ability to recognize and enforce interstate and out of state child support orders.
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Record #:
25891
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North Carolina law recognizes the ever-changing nature of the circumstances on which a child custody or support orders are based. Therefore, the court has the authority to modify provisions of a custody or support order within limits. A person seeking to modify an order has the burden to prove sufficient changes in circumstances in order to justify changes in respect to custody, visitation, or support.
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Record #:
25892
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The nature of interstate child support cases is complex regarding issues of jurisdiction, choice of laws, remedies, and practical problems deal with processing and communications. Given the increasing complexity and inherent difficulties in such cases, the Uniform Reciprocal Enforcement of Support Act (URESA) has been replaced with the Uniform Interstate Family Support Act (UIFSA). Also enacted in North Carolina, the law provides for better support and enforcement of provisions across state-lines.
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