| Ability to Offset Past-Due Child Support against Tax Refunds |
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| Where an arrearage of child support has been determined, a child support enforcement agency may intercept the tax refund of the delinquent parent.
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| Tender Years Presumption in Custody Awards |
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| The tender years doctrine is a presumption by a court that a very young child should remain in the care of the child's mother and that a father needs to overcome that presumption by showing he would be the better parent. Many courts no longer use this presumption in making custody determinations. More... |
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| Garnishment in Child Support Actions |
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| 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. More... |
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| Medical, Psychological and Social Evaluations for Child Custody Awards |
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| Prior to making a determination of custody of a child, the court may order a medical, psychological, or social evaluation of the child or the parents, or all of them. As part of the evaluation, the court may request that the doctor, psychologist, or other professional expert give a report and make a recommendation as to custody and visitation. More... |
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| Voluntary Child Custody Proceedings under the Indian Child Welfare Act |
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| If there is a voluntary proceeding for foster care or adoptive placement of a child, who is of Native American descent, the Indian Child Welfare Act governs those proceedings. The Act permits the child's tribe to intervene in the voluntary proceedings and allows the tribe to transfer jurisdiction of the proceedings to the tribal court. Further, the Act requires strict procedures for consent to placement by the child's parents and includes the right to revoke the consent for any reason. More... |
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