Child Support Laws, Divorce Decree

The divorce decree terminates the marriage in the form of a court order, signed by the judge, entered into the public record. A certified copy of the decree is sufficient to prove termination for almost all circumstances. However, the order contains much more. All terms of property division, custody, child support law and payments, and continuing rights and duties of the parties must also be included to be enforceable. In one sense, the final decree is the goal of filing, in that it is the core document that contains all agreements of the parties and orders of the court. Failure to abide by a court order is actionable in subsequent litigation.

Child support law and divorce decree modification

Although the divorce decree is seldom disturbed, the terms of future obligations are frequently modified. The most common reason for modification is for changes in child support payments. If the parent paying child support becomes unemployed or suffers a significant reduction in earnings, courts routinely consider motions requesting reduction of the amount owed in accordance with applicable child support laws. The reduction awarded, if any, may be temporary or permanent. Because child support obligations continue during the minority of children, motions for modifications may be filed years after the final decree.

Child support laws for appeal of a divorce decree

One or both parents are routinely dissatisfied with the results of adversarial litigation. Nevertheless, absent an agreed settlement, courts are empowered with broad authority to resolve issues. To appeal a court order, appellate courts consider only narrowly defined circumstances. In general, to be appealable, the appellant must prove that the court committed an error when applying the law, or violated the legal standard applicable when considering factual evidence. Dissatisfaction alone does not support an appeal. Child support law guidelines are specifically designed to allow judges a wide range of discretion when determining payment amounts. Should child support laws change, a motion to modify is appropriate rather than an appeal.

See Also: Child Support Law - Child Support Guidelines, Child Support Law - Divorce Decree, Child Support Law - Stop a Divorce, Child Support Law - Divorce Help