Also known as: support obligations · duty of support · obligation of support
Written by attorneys · grounded in primary & secondary sources — see below
A legal duty imposed or imposable by law to provide financial support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. The duty arises in proceedings for dissolution, legal separation, maintenance, or child support and is determined without regard to marital misconduct after considering relevant factors such as the financial resources of the child and custodial parent. Courts enforce the obligation across state lines according to the law of the issuing jurisdiction, which governs its nature and duration.
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Sasha Stone owes substantial unpaid child support from a prior relationship. A state statute bars her from obtaining a marriage license until she secures court permission by proving compliance with the support order. Sasha challenges the statute after her application is denied. The court invalidates the restriction because it significantly interferes with the fundamental right to marry without being narrowly tailored to the state's interests.
Sebastian Santos and Serena Soto seek dissolution of their marriage. They have one minor child whose financial resources are limited. The custodial parent, Serena, has modest income while Sebastian earns substantially more. The court orders Sebastian to pay an amount reasonable and necessary for the child's support after weighing the statutory factors.
Sabrina Shah resides in State A with her child while the child's father, Scott Summers, lives in State B. Sabrina registers an existing support order from State B in State A. The tribunal recognizes that Scott owes a duty of support that includes any unsatisfied prior obligation and proceeds to enforce it under the uniform act.
Santiago Sanchez obtains a New York child-support order requiring payments until the child reaches age twenty-one. The mother later registers the order in North Carolina, where emancipation occurs at eighteen. The North Carolina court applies New York law to determine the duration of the obligation and continues enforcement until the child turns twenty-one.
Sterling Manufacturing and Stonehaven Properties enter a gestational surrogacy arrangement. After the child is born, both the gestational carrier and the intended mother assert parentage under the uniform parentage act. The court determines legal parentage, which in turn establishes the corresponding financial support obligation of the legal parents toward the child.
Silverline Industries employee Sheldon Brown pays support for one child from his first marriage under the general percentage standards. After remarriage he has three additional minor children. When calculating support for the new children, the court determines that the serial family payer provisions do not apply because the additional obligation must arise from a court order for children of a subsequent family.
A court considers all relevant factors including the financial resources of the child and the custodial parent. The obligation is set at an amount reasonable or necessary for the child's support without regard to marital misconduct.
The law of the issuing jurisdiction governs the nature and duration of the obligation, including the age of emancipation. A support order issued in one state remains controlled by that state's law even after registration elsewhere.
…of paternity and enforcement of financial responsibility. (§§ 7006 [actions to determine paternity], 7012 [specifying financial support obligations].) When a child is born by gestational surrogacy, as happened here, the two women who played biological roles in creating the child will both have statutory claims under the UPA to being…
…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…
…York judgment of separation is based on the premise that the parties remain husband and wife, though estranged, and hence the obligation of support
…pension plan benefits from being "assigned" or "alienated," since Congress did not intend to alter traditional familial and support obligations
…order. We hold that in order for the serial payer provisions of the percentage standards to be applicable, the "additional child support obligation
A statute requiring court permission before marriage for persons with unpaid child support obligations significantly interferes with the fundamental right to marry. Such a restriction cannot be upheld unless it is supported by sufficiently important state interests and is closely tailored to effectuate only those interests.
A duty of support means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. The definition encompasses both existing and potential legal duties.