DISCUSSION BOARD FORUM 3 REPLIES
Post a minimum of 2 replies (100-150 words each) responding to the work of
2 different classmates. Be sure that you add additional substantive
information that further enriches the discussion. Provide cited support. Keep
personal opinion to a minimum. Include a brief but relevant biblical analysis
that is original to this discussion. Post your replies to Discussion Board Forum
3 by 11:59 p.m. (ET) on Monday. Before beginning, be sure to select the
Discussion Board Instructions folder, print, and follow the instructions in all the
attached documents posted along with the assignment instructions
Student #1
E A
DB Forum 3
COLLAPSE
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
M W
DISCUSSION BOARD FORUM 3 (MODULE 5)
* 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).
Running head: RESPONSE 1
Response
Student’s Name
Institutional Affiliations
Course
Date
RESPONSE 2
Response 1
Fantastic post. I agree that since Mia was given her son's primary physical custody, it
meant that she had more responsibility to her son than his father, Thomas. Since Luke had a
home state, it meant that the factor must be significantly considered when presenting the original
jurisdiction in interstate child custody cases. I also agree that if an individual like Thomas
intends to challenge an existing rule, he can only present his challenge to the court that presented
the current directives. I like your biblical point of view since it presents the challenges
experienced by a child when brought up away from the mother. However, I think that bringing
up a child away from either parent can cause various challenges such as stress. According to
Numbers 32:17, it is clear that children need protection that all parents can only provide,
especially the mother.
Reference
Numbers 32:17 New International Version
RESPONSE 3
Response two
Brilliant post. I agree that child custody plays a significant role in family law. Fathers'
support can only be eliminated after a child reaches the age of eighteen. The three cases of
modification are clearly outlined in the discussion, thus facilitating our judgment. I agree with
you that the court can enforce a rule to encourage Kyle to offer his child support since he has no
effort in seeking employment. In general, Kyle has no proof to support his claim that the court
should eliminate his responsibility regardless of bankruptcy, his wife remarrying, and loss of a
job. I agree Kyle is not honoring the obligation as a father since, according to Luke 15:20-24,
fathers are instructed to never give up on their kids regardless of the situation.
Reference
Luke 15:20-24 English Standard Version
RESS
by Res Rres
Submission date: 28-Nov-2020 08:48AM (UTC-0800)
Submission ID: 1458686501
File name: RESPONSE_ON_CHILDREN.docx (22.98K)
Word count: 302
Character count: 1513
Running
head:
RESPONSE
Response
Student’s
Name
Institutional
Affiliations
Course
Date
RESPONSE
2
Response
1
Fantastic
post.
I
agree
that
since
Mia
was
given
primary
physical
custody
of
her
son,
it
meant
that
she
had
more
responsibility
to
her
son
than
his
father
Thomas.
Since
Luke
had
a
home
state,
it
meant
that
the
factor
must
be
the
considered
at
great
level
when
presenting
the
original
jurisdiction
in
interstate
child
custody
cases.
I
also
agree
that
if
an
individual
like
Thomas
intends
to
challenge
an
existing
rule,
he
can
only
presents
his
challenge
to
court
that
presented
the
current
directives.
I
like
your
biblical
point
of
view
since
it
presents
the
challenges
experienced
by
a
child
when
brought
up
a
way
from
the
mother.
However,
I
think
that,
bringing
up
a
child
a
way
from
either
parent
can
cause
various
challenges
such
as
stress..
According
Numbers
32:17
it
is
clear
that
children
need
protection
that
can
only
be
provided
by
all
parents
especially
the
mother.
Reference
Numbers
32:17
New
International
Version
RESPONSE
3
Response
two
Brilliant
post.
I
agree
that
child
custody
plays
a
major
role
in
family
law.
Fathers
support
can
only
be
eliminated
after
a
child
reaches
the
age
of
eighteen.
The
three
cases
of
modification
are
clearly
outlined
in
the
discussion
thus
facilitating
our
judgment.
I
agree
with
you
that
the
court
can
enforce
a
rule
to
encourage
Kyle
to
offer
support
to
his
child since
he
has
no
effort
of
seeking
employment.
In
general,
Kyle
has
not
proof
to
support
his
claim
that
the
court
should
eliminate
his
responsibility
regardless
of
bankruptcy,
his
wife
remarrying
and
loss
job.
I
agree
Kyle
is
not
honoring
the
obligation as
a
father
since
according
to
Luke
15:20-24
fathers
are
instructed
that
they
should
not
give
up on
their
kids
regardless
of
the
situation.
Reference
Luke
15:20-24
English
Standard
Version
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