Newsletters

Retroactive Child Support Awards

In most states, initial child support awards may be made retroactive to the date of filing and modifications may be retroaction to the date a modification is requested. In some states, retroactivity is mandatory, and in others, it is discretionary.

Dependent Adult Support: Dependent Parents

Statutes in 30 states impose a filial obligation on children to support their indigent or disabled parents. Indigence is not defined as completely destitute, but rather in terms of the parent's financial ability to meet his or her basic needs.

Legal Custody versus Physical Custody

There is a large difference between legal custody of a child and physical custody. That difference is based on the right to make the major decisions affecting the child. The parent with legal custody has the right to make those decisions.

Preference of Child in Custody Determinations

In awarding or modifying custody, one of the factors considered by a court is the preference of a child, However, the extent to which the court will consider an expressed wish and how much weight the court will give that wish depends on the age and maturity of the child and the circumstances under which the choice was made.

Dispute Resolution for Child Custody Awards

Many states require parents to undergo mediation or other forms of alternate dispute resolution before a court will consider the custody of a child, unless the court finds that mediation would be inappropriate, such as when there are allegations of abuse.