Divorce Questions - Child Support Answers
Free child support answers are available from most attorney general offices. Each state AG maintains a child
support division which provides assistance to single parents collecting past due payments. In providing this
assistance, divorce questions commonly arise regarding allowable collection procedures. Judges tend to avoid
incarceration because confinement may cause loss of employment and prevent future payments. However, judges also
grow intolerant of non-payment quickly and on second or third motions to compel, and may order confinement for a
short period to create a lasting memory of the seriousness of child support obligations.
Note Regarding Divorce Questions
- Divorce questions pertaining to the law are properly resolved by a judge. Lawyers should be able to advise
clients on the likelihood of success when arguing a more favorable interpretation.
- Divorce questions relating to the best interest of children are also resolved by the court, ordinarily
based upon expert reports and expert testimony.
- Divorce questions relating to factual disputes are properly determined by a jury, unless the parties agree
to a non-jury trial. In non-jury trials, the judge acts both as the court and finder of fact.
- Practical divorce questions regarding minor issues are usually resolved by the agreement of lawyers or
spouses without court involvement.
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