. Child Trafficking American Style: How Cash-for-Kids exists and how to Stop It by January 16, 2015 https://youtube/watch?v=7B4EJcc8J8E If you have trouble copying and pasting, here is the content to copy: I would propose the following language for new Section 302.56: § 302.56 Guidelines for setting child support awards. (a) Within one year after completion of the State’s next quadrennial review of its guidelines, pursuant to § 302.56(e), as a condition of approval of its State plan, the State must establish one set of guidelines by law or by judicial or administrative action for setting and modifying child support award amounts within the State that meet the requirements in this section. (b) The State must have procedures for making the guidelines available to all persons in the State whose duty it is to set child support award amounts. (c) the guidelines established under paragraph (a) of this section must at a minimum: (1) Take into consideration the most recent Federal Adjusted Gross Income of both parents; (2) For all births occurring after the date for establishment of the new guidelines specified in paragraph (a), and when the paying parent is unwilling or unable to parent the child at least 35% of the time, be based on half the statewide median marginal cost (“SMMC”) for the average family to support a first, second, or subsequent child, plus half the cost of daycare when both parents work more than half-time, and result in a computation of the support obligation that does not exceed the lesser of a) 5% of the difference in the adjusted gross income of the parents for one child, 8% for two children, and 10% for three or more children, or b) twice the SMMC; (3) Address how the parents will provide for the child(ren)’s health care needs through health insurance coverage and/or through cash medical support in accordance with § 303.31 of this chapter; (4) Take into consideration the paying parent’s subsistence needs and provide that any amount ordered for support be based upon available data related to the parent’s actual earnings, income, assets, or other evidence of ability to pay, such as documentary evidence that income or assets are not consistent with a noncustodial parent’s current standard of living; and (5) Provide that incarceration may not be treated as voluntary unemployment in establishing or modifying support orders. (d) The State must include a copy of the guidelines in its State plan. (e) The State must review, and revise, if appropriate, the guidelines established under paragraph (a) of this section at least once every four years to ensure that their application results in the determination of appropriate child support award amounts. (f) The State must provide that there will be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of guidelines established under paragraph (a) of this section is the correct amount of child support to be awarded. The presumption can be rebutted successfully with genetic evidence that the obligor is not the biological parent of the child, and by the lack of written adoption records, in which case there will be no support obligation. (g) A written finding or specific finding on the record of a judicial or administrative proceeding for the award of child support that the application of the guidelines established under paragraph (a) of this section would be unjust or inappropriate in a particular case will be sufficient to rebut the presumption in that case, as determined under criteria established by the State; but in no event shall the award exceed the limit specified in paragraph (c)(2) unless the child has special needs as certified and quantified by a licensed medical doctor. Such criteria must take into consideration the best interests of the child. Findings that rebut the guidelines shall state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines. (h) Child support awards established under paragraph (a) of this section may recognize parenting time provisions pursuant to State child support guidelines or when both parents have agreed to the parenting time provisions. (i) As part of the review of a State’s guidelines required under paragraph (e) of this section, a State must consider economic data on the marginal cost of raising children and analyze case data, by gender, gathered through sampling or other methods, on the application of, and deviations from, the guidelines. The analysis of the data must be used in the State’s review of the guidelines to ensure that gender bias is declining steadily, and that deviations from the guidelines are limited. Deviation from the presumptive child support amount may be based on factors established by the State.
Posted on: Wed, 07 Jan 2015 19:18:54 +0000
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