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Does a Sperm Donor Have Parental Rights?
The Kansas Supreme Court will hear a case challenging the constitutionality of a 1994 Kansas law which says a sperm donor has no parental rights unless he has a written agreement with the mother. The court will hear arguments December 4, 2006 and should rule in February, 2007.
++++++++++ Fathers Who Reliably Pay Child Support Get a Tax Break
New York officials will launch an earned income tax credit for noncustodial parents who are current with their child support payments, offering up to $1,600 a year in a refundable credit. The credit will be available to parents who are not their children’s primary caretaker who earn as much as $32,000. The tax credit is part of the Strengthening Families Initiative, intended to help young men gain employment and consistently pay children support as well as enhance fathers’ parenting and relationship skills.
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Child Support and DNA Tests
A new Florida law allows men to avoid child support payments when they can prove they are not the child’s biological father. Pennsylvania courts have returned mixed rulings on whether a man who is determined not to be a child’s biological father is responsible for support payments after he and the mother split up. See two articles below:
Florida men get a break on false paternity
Doubting dads prompt paternity test trend
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Debit Cards for Child Support
The Texas Debit Card gives San Antonio parents a new way to receive child support with no worry about lost or stolen checks or wondering if a deposit has cleared. ++++++++++ STATE Statutes on Relocation
The ABA makes this chart from a recent issue of Family Advocate, the quarterly magazine of the Family Law Section, available for download. Two page chart gives you the state statute, notice, presumption for/against relocation, whether the best interests of the child are paramount, and recent or significant cases. ++++++++++ When an Ex Moves, Do the Kids Go Too?
NPR reports on a custody/visitation case now before the Massachusetts Supreme Judicial Court. The decision could be one of the nation’s first high-court decisions on when and whether to allow a divorced parent to move out of town with the kids when the other parent objects. A decade ago more divorces ended with one parent getting sole custody. But with a growing number of parents today sharing custody and new research showing the importance to children of staying connected to both parents, things are changing. ++++++++++ New Hampshire’s Parenting Plan
A New Hampshire law passed in 2005 applies to all new and existing divorce and custody cases. It requires parents create a parenting plan and file it with the court. If the parents cannot agree on a plan, the court is authorized to draw up a parenting plan for the family. Take a look at the state’s eight page Parenting Plan at the link above. ++++++++++ A Comprehensive Service Model for Resolution of Parenting Issues
This report is a product of the Florida Family Court Steering Committee’s Alternative Dispute Resolution Subcommittee. It is an examination of the variety of tools and approaches used to address problems associated with families engaged in high conflict divorce. 23 page pdf file. ++++++++++ Katrina Puts a New Spin on Custody Disputes
Judges and lawyers in New Orleans say they have seen scores of family disputes related to the storm. Families are experiencing painful new battles over child custody and visitation, financial support and division of assets. State guidelines do not address emergency upheavals like those caused by hurricane Katrina. Judges are left to determine when a required evacuation becomes a voluntary relocation and who can stay where and for how long.
++++++++++ Virtual Visitation
Web cams are an increasingly common tool for parents and children to connect over a distance. Utah passed a virtual visitation bill last year and Wisconsin enacted a similar one last week. Three other states have introduced bills. ++++++++++New Georgia Formula for Child Support
The new Georgia system of calculating child support could reduce the payments for many noncustodial parents, most of whom are men. The new law mandates that child support be calculated based on the incomes of both parents. The existing system focuses mainly on the income of the noncustodial parent. It includes a “parenting time” adjustment that would give the noncustodial parent a reduction on child support if the parent spends a certain amount of time with the children.
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The Role of Parent Coordinators in Vermont
The link above will take you to a web page that describes the role of the parent coordinator in Vermont’s family courts. Parent Coordinators are specially trained experienced professionals under contract to provide a specific type of dispute resolution service to high-conflict, income eligible parents on a sliding fee basis. The Coordinator gives both parents and children a chance to be heard in a child-focused, non-confidential and non-neutral process.
++++++++++ New Ways to Collect Child Support
This article from USA TODAY reviews innovative ways in which states are collecting child support, including acquiring cell phone records and withholding moose-hunting licenses.
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Virtual Visitation
Advocates of virtual visitation want states to spell out in their laws that judges can make it part of a divorce agreement. Supporters say noncustodial parents are more likely to pay child support regularly if they can stay in touch. Parents say twice a week electronic visits maintain connections between parent and child in between in-person visits a few times a year. Utah made virtual visitation an official option in 2004. Similar legislation is waiting the governors’ signatures in Wisconsin, Illinois, and Missouri. ++++++++++Child Support Enforcement Takes a Hit
Deep slashes in the federal child-support enforcement program have left states searching for ways to avoid scaling back what has been hailed as the government’s most successful social services program. In October 2007 the changes will reduce the federal government’s share of the cost of increasingly successful efforts to collect overdue child support payments.
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California Supreme Court Shifts Balance in Parental Moves
The Supreme Court of California shifted the balance in fights between divorced parents with a ruling that eases the way for a parent with custody – usually the mother – to move away over her former mate’s objections. The court ruled a hearing in a move-away situation should be held only if necessary.
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PARTNERS for Students ABA curriculum for high school students brings a first-hand understanding of the challenges in a marriage before they marry. It teaches relationship skills essential to creating a lasting partnership. Visit the PARTNERS web site for more information to see a sample of the curriculum manual for teachers. There is a special listserv too. ++++++++++Program Forgives Late Child Support Payments The Fresh Start program in two New Mexico counties allows parents behind in child support to contact offices that mediate payment without fear of repercussions. When a parent contacts an office to start making child support payments, the government promises to overlook the delayed payments and form a reasonable payment schedule. ++++++++++Collecting Child Support Twice a month the worst of Annapolis, Maryland’s scofflaws come into court to explain to a judge why they’re not paying their child support. ++++++++++Handling the Holidays - For Divorced Parents Up To Parents is a free, confidential and interactive website for divorcing and divorced parents. The Parents Corner is filled with articles about achieving a good divorce.
++++++++++ Popular Child Support Program Falls to Federal Budget CuttersA child support program that identifies non-custodial parents and encourages them to pay child support to their children which has been a rousing success took a major hit in the House of Representatives in October. In a span of roughly twenty years, the program has gone from 10% paternity establishment in its cases to 80 to 90% across the country. For every $1 of federal funding, the program collects more than $4 from non-custodial parents. ++++++++++ |
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