U.S. v. Dann: A restitution order simply cannot redistribute child support — or accrued child support— where minor children are involved.
Child support arrears due to or held by the criminal defendant in this case was held by the defendant as a “conduit” for support for her children, and thus they could not be assigned to the victim of the defendant’s crime as restitution.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
Reprint with permission.
Child Support Software – Risks and Benefits
Child support can be a sensitive topic for many clients. Some clients believe they should not have to pay any money to their soon to-be former spouse, or will ask their lawyers to find ways to pay a smaller amount in monthly support. Software that automatically calculates child support based on specific income inputs and the applicable state’s law can be a valuable tool for family law attorneys. Software that automatically calculates child support can be a valuable tool – but you must advise clients that the calculations are not written in stone, and how and why they might change.Published on: