Option 1:

Regarding the hypothetical case given, where Thomas is refusing to return his son, Luke back to his mother, the question is whether the state of Arizona (where Thomas resides) will hear the case. Luke’s mother, Mia, was awarded primary physical custody of Luke by the state of Colorado. This means that Mia holds more responsibility over her son than Thomas does, and this also means that Luke’s “home state” is where Mia resides, in Colorado which holds authority. “The UCCJEA makes the child’s home state the priority ground for original jurisdiction in interstate child custody cases.” Mary. E Wilson, Family Law for the Paralegal 310 (3rd ed. 2017). “The PKPA has essentially the same primary jurisdictional bases as the UCCJEA and it, too, fills a major gap in the UCCJA by giving priority in initial child custody determinations to home state jurisdiction. By doing so, it prevents a “significant connection” state from exercising jurisdiction over a custody matter as long as the child involved has a home state.” Id. at 311. The PKPA mandates that states give full credit to other states’ custody determinations and honor those decisions. That being the case, Arizona will not be able to hear this case. If Thomas wants to challenge and/or change the current custody arrangements, then he will need to present his case in Colorado, Luke’s home state. From a Biblical standpoint, Thomas is not honoring his obligations as Luke’s father. By keeping Luke from his mother, he is not only putting Luke in an incredibly stressful environment, but an unsafe one. This type of behavior that is being presented by Thomas leads children to suffer from many complicated and emotional troubles throughout their whole life. Children are very impressionable and the turbulence and distress that a child experiences at an early age, most of the time still lingers with them as adults. Divorce can be a very traumatic experience for children, especially when they are dragged into the middle of their parent’s arguments. However, the Bible clearlystates there are consequences by doing such things: “Fathers, do not provoke your children to anger, but bring them up in the discipline and instruction of the Lord.” Ephesians 6:4.” “Whoever troubles his own household will inherit the wind, and the fool will be servant to the wise of heart.” Proverbs 11:29.

References:

Wilson, Mary E. (3rd ed. 2017) Family Law for the Paralegal

Ephesians 6:4 English Standard Version

Proverbs 11:29 English Standard Version

Student #2

* TOPIC: Kyle is over $5,000 behind in court-ordered child support payments. He has lost his job over a year ago and has made no real effort to find another one. Kyle does not want to pay child support since his ex-wife recently became remarried to a local doctor. Kyle has come to your firm to find out what his legal options are to stop payment of child support and eliminate his past due child support. Would Kyle be able to have his dissolution of marriage decree modified to eliminate the requirement to pay child support? Modify the payment of child support? Would bankruptcy be a means to avoid payment of the past due child support? From a biblical perspective, is Kyle honoring his obligations as a father? Fully explain your answers.

Child custody plays a major role in family law. Child support refers to child maintenance that is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship. In this scenario, Kyle is seeking to stop payment of child support and eliminate his past due child support. “The duty to support a child most often continues until the child’s emancipation.” Mary E. Wilson, Family Law for the Paralegal 363 (3rd ed. 2017). “Emancipation usually means that the child has reached the age of majority (age eighteen in most states).” Id. “Modification of child support awards is governed by federal and state statutes, case law, and specific court rules.” Id. at 381. “There are three primary bases for modification of a child support award: (1) modification triggered by a self-executing provision in an agreement of the parties that has been incorporated into a court’s decree; (2) modification based on proof of a substantial change in circumstances; and (3) modification based on a periodic review and adjustment of orders by the state’s IV-D agency.” Id. at 381-382. In Kyle’s situation, he would not be able to stop payment of child support, but the court may consider a reduction in the amount of support that he currently pays due to his change in employment status. However, Kyle’s lack of effort to seek employment may discourage the court from doing so. In fact, the court may seek to enforce Kyle’s child support order instead. “Generally, a parent may not rely on a claim of decreased income to obtain a modification of support if the parent’s reduced earning capacity and inability to pay child support is voluntary.” Id. at 383.

Bankruptcy would not allow Kyle to avoid paying current or past due child support payments. “In Chapter 7 bankruptcy, child support debt receives special treatment because it is considered a priority debt.” Baran Bulkat, Child Support Debt in Chapter 7 Bankruptcy, NOLO (2020), https://www.nolo.com/legal-encyclopedia/child-supp… (last visited November 23, 2020). Moreover, “if you have any outstanding child support debt, filing for Chapter 7 bankruptcy will not wipe out your obligation to pay it.” Id. There are several methods available for a court to enforce child support orders. Some of these methods include: (1) criminal prosecution; (2) contempt action; (3) income withholding; (4) seizure of assets; (5) tax refund intercepts; (6) unemployment compensation intercepts; (7) license denials or revocations; (8) passport denial; and (9) credit reporting.

Regarding Kyle’s ex-wife remarrying, “generally speaking, when a parent remarries, the new marriage does not affect previous child support orders.” Debrina Washington, How Marriage or Remarriage Can Affect Child Support Payments, VeryWellFamily (May 3, 2020), https://www.verywellfamily.com/how-remarriage-affe… (last visited November 23, 2020). “The only income that should be included when calculating child support payments is that of the biological parents.” Id.

From a biblical perspective, I do not feel that Kyle is honoring his obligations as a father. Children are precious in the eyes of God, and Kyle’s poor attitude and lack of motivation to seek employment do not reflect God’s expectations of a father. “Behold, children are a heritage from the Lord, the fruit of the womb a reward. Like arrows in the hand of a warrior are the children of one’s youth.” Psalms 127:3-4 (ESV). Moreover, the Book of 1 Timothy states, “But if anyone does not provide for his relatives, and especially for members of his household, he has denied the faith and is worse than an unbeliever.” 1 Timothy 5:8 (ESV).

REFERENCES

Baran Bulkat, Child Support Debt in Chapter 7 Bankruptcy, NOLO (2020), https://www.nolo.com/legal-encyclopedia/child-supp… (last visited November 23, 2020).

Debrina Washington, How Marriage or Remarriage Can Affect Child Support Payments, VeryWellFamily (May 3, 2020), https://www.verywellfamily.com/how-remarriage-affe… (last visited November 23, 2020).

Mary E. Wilson, Family Law for the Paralegal (3rd ed. 2017).

Psalms 127:3-4 (English Standard).

1 Timothy 5:8 (English Standard).