Also known as:duties of support · support obligation · obligation of support
Written by attorneys · grounded in primary & secondary sources — see below
An obligation imposed or imposable by law to provide financial support for a child, spouse, or former spouse. The obligation includes any unsatisfied duty and may be enforced through court orders in dissolution, separation, or interstate proceedings after considering relevant factors such as financial resources.
Sources & Authorities· 10 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
How it applies
Common Examples
6
Court Orders Child Support in Divorce
Deborah Dunn and her husband are divorcing in a proceeding under the Uniform Marriage and Divorce Act. The court determines that Deborah owes a duty of support to their minor child. After reviewing the child's financial resources and the custodial parent's income, the court orders Deborah to pay a reasonable monthly amount for the child's support without considering any marital misconduct.
Interstate Definition of Support Duty
Diana Delgado lives in one state and seeks enforcement of an existing support order against her former spouse who now resides elsewhere. The receiving tribunal applies the Uniform Interstate Family Support Act definition and recognizes the unsatisfied obligation to provide support for their child as a duty of support that remains enforceable across state lines.
Dorothy Daniels obtained a New York child support order when her child was young. After the obligor moves to North Carolina and the order is registered there, the North Carolina court applies New York law to determine that the duty of support continues until age twenty-one rather than the North Carolina age of eighteen.
Jurisdiction Over Nonresident Obligor
Doris Duffy files a support action in California against her former husband who resides in New York. The court evaluates whether the nonresident has sufficient contacts to support personal jurisdiction in a proceeding to enforce the duty of support for their children.
Kulko v. Superior Courtsupra, 436 U.S., at 94-95
Support Obligation Affects Marriage Right
Deanna Davenport owes substantial unpaid child support and seeks a marriage license. State law conditions issuance of the license on a judicial finding that she has made satisfactory progress toward satisfying the existing duty of support to her children from a prior relationship.
Zablocki v. Redhail434 U.S. 374, 387 n.12 (1978)
Serial Family Payer Modification
Delilah Duran seeks modification of child support after her former spouse Sheldon has a child with a new partner. The court determines whether the additional support obligation qualifies Sheldon as a serial family payer when calculating the amount owed under the duty of support to Delilah's child.
Brown v. Brown503 N.W.2d 280 (Wis. App. 1993)
Common questions
Frequently Asked
2
What does the duty of support encompass under uniform acts?+
It is an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including any unsatisfied obligation. Courts may enforce it through orders requiring payment of reasonable amounts after considering financial resources and other factors.
Supporting sources
Which state's law governs the duration of a support obligation in interstate cases?+
The law of the issuing jurisdiction controls the nature and duration of the child support obligation, including the age of emancipation. A support order registered in another state remains subject to the issuing state's rules on when the duty ends.
Supporting sources
405 U.S. 438 (1972)Constitutional Law
…means that such persons must risk for themselves an unwanted pregnancy, for the child, illegitimacy, and for society, a possible obligation of support. Such a view of morality is not only the very mirror image of sensible legislation; we consider that it conflicts with fundamental human rights. In the absence of demonstrated harm, we hold…