Divorce Questions - Child Support Recovery
Beginning December 31, 1993, all new child support court orders and modifications must include a provision
for automatic deduction from wages (subject to statutory limits). If an employer fails to withhold payments, the
employer becomes liable for payment according to federal law under the Child Support Recovery Act. Also be
aware, by agreement of both parties, the automatic withholding requirement can be waived. Normally, if waivers
are granted, alternate bonds, security or other sources of income are assigned to insure payment.
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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