Family Law for Paralegals
FAMILY LAW OVERVIEW PART II
Family Law - Part II
LEG400
December 10, 2011
Within this paper an overview of family law will be highlighted. The impact and state requirements by the Child Support Enforcement and Establishment of Paternity Act of 1974 will be discussed. Child support, guidelines, enforcement, duration, and tax implications will be analyzed. The difference between permanent alimony, lump-sum support, and rehabilitative support in spousal support will be examined. Classification of property, marital property division and valuation, distribution, and tax implications will be highlighted. The significance of Levy v. Louisiana and the legal framework for paternity issues will be discussed. This paper will also describe the pros and cons of artificial insemination from a sperm bank versus a known donor. The goal of the Child Support Enforcement and Establishment of Paternity Act of 1974 is to compel absent parents to become monetarily accountable for their children. Every state is impacted by the passage of the 1974 Act and the establishment of the federal Office of Child Support Enforcement (OCSE). OCSE is the national agency that requires each state to develop IV-D agencies within their state to oversea and administer a comprehensive child support program. These state agencies provide assistance in locating absent parents by collaborating with their own state Parent Locator Service Agency or the Federal Parent Locator Service (FPLS) which is operated by OCSE. IV-D agencies are also required to establish and enforce child support awards; periodically review awards; and establish paternity. They must provide assistance regardless if families are receiving public assistance or not. The State IV-D agency resources must be utilized first before federal assistance can be authorized. The FPLS will then utilize an assortment of federal databases to trace the absent parent. Child support guidelines address problems of
Family Law - Part II
LEG400
December 10, 2011
Within this paper an overview of family law will be highlighted. The impact and state requirements by the Child Support Enforcement and Establishment of Paternity Act of 1974 will be discussed. Child support, guidelines, enforcement, duration, and tax implications will be analyzed. The difference between permanent alimony, lump-sum support, and rehabilitative support in spousal support will be examined. Classification of property, marital property division and valuation, distribution, and tax implications will be highlighted. The significance of Levy v. Louisiana and the legal framework for paternity issues will be discussed. This paper will also describe the pros and cons of artificial insemination from a sperm bank versus a known donor. The goal of the Child Support Enforcement and Establishment of Paternity Act of 1974 is to compel absent parents to become monetarily accountable for their children. Every state is impacted by the passage of the 1974 Act and the establishment of the federal Office of Child Support Enforcement (OCSE). OCSE is the national agency that requires each state to develop IV-D agencies within their state to oversea and administer a comprehensive child support program. These state agencies provide assistance in locating absent parents by collaborating with their own state Parent Locator Service Agency or the Federal Parent Locator Service (FPLS) which is operated by OCSE. IV-D agencies are also required to establish and enforce child support awards; periodically review awards; and establish paternity. They must provide assistance regardless if families are receiving public assistance or not. The State IV-D agency resources must be utilized first before federal assistance can be authorized. The FPLS will then utilize an assortment of federal databases to trace the absent parent. Child support guidelines address problems of
References: Ehrlich, J. (2011) Family Law for Paralegals, 5th Ed., New York, NY, Aspen Publishers Introduction to the Emerging Issues in Paternity Establishment Project. (n/a). Retrieved on 12/5/2011 from http://aspe.hhs.gov/hsp/07/paternity/ch1.htm Pros and Cons of Using Sperm Bank. (n/a). Retrieved on 12/5/2011 from http://www.mamashealth.com/artificial/spermbank.asp