Child Custody and Support Newsletters

Child Support Modification when Child Reaches Age of Majority

In most situations, a parent is no longer obligated to pay child support for a child after the child reaches the age of majority. However, the parent is not automatically permitted to stop making payments. If the parent wants to stop or modify the child support obligation, the parent may be required to file a motion with the court.

Custody Enforcement through Writ of Habeas Corpus

In some states, where one parent has been granted custody but the other parent or a nonparent has refused to return the child to the custodial parent, the custodial parent may file for a writ of habeas corpus to request that the court order the child be returned.

Garnishment in Child Support Actions

When the assets of the absent parent are unknown and outside the jurisdiction of the court, a garnishment of the parent's wages to collect past due child support obligations may be appropriate.

Imputed Income for Child Support Determinations

In calculating how much child support should be paid to the custodial parent of a child, a count may consider not only how much money a parent is earning at the time of the hearing, but also certain other income and benefits, which the noncustodial parent routinely received during the months and years prior to the date the court makes its determination.

Modification of Custody based on Parental Unfitness

If subsequent to the time a court awarded joint or sole legal custody to a parent, the parent becomes unfit to have custody of the child, a court will not hesitate to modify custody.