Divorce Questions - Child Support Division
The Child support Division of the Attorney General's Office is prepared to assist single parents collect past
due support payments. Not all single parents qualify for free assistance which may be given or withheld in the
discretion of AG.
Qualification is based upon the state's financial interest. When the state provides financial
assistance to low-income single parents, a non-paying parent may be subject to criminal prosecution based upon
an assignment of the right to collect. In these prosecutions, one the most common divorce questions pertains to
credit given for cash payments. Credit for cash payments usually depends upon obtaining a written receipt.
Note About Divorce Questions
- Divorce questions relating to legal requirement are ultimately resolved by a judge. Lawyers should advise
clients on the likelihood of success when pleading a more favorable outcome.
- Divorce questions which involve the best interest of children are determined by the court, ordinarily
based upon expert depositions, testimony and reports.
- Other divorce questions and factual disputes are resolved by juries, unless by agreement a jury is
waived,. In bench trials, judge perform the roles of both judge and jury.
- Ordinary divorce questions and disputes over small legal issues are commonly decided by the agreement of lawyers or
spouses without involving the court.
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