CHILD SUPPORT

Under the Constitution of Palau, both parents of a child have a duty to support the child as expressed in the law. This duty has been expressed in the law. When the parents are married and living together, this duty is usually shared by the parents. However, problems in supporting the child have sometimes occurred when the child's parents are divorced, separated, or were never married. In these situations, the parent having custody of the child can go to the court and ask the court to order the noncustodial parent to pay child support. Child support is money, or other property, that is to be used for the expenses in raising and caring for the child.

If a married couple is getting a divorce through the court, there should be included provisions for child custody and child support in the divorce petition. If the couple cannot agree on custody and the amount of child support, the court will determine this as a part of the divorce hearing. If a divorce was by Palauan custom and there was not an agreement about child support, the parent with custody of the child can file a paper called a petition with the court asking for child support. This petition should state the names of the parents, the names of the children and their birth dates, the date of the parents' marriage, and the date of the parents' divorce under custom. The petition should also state which parent has custody of the child and how much money the parent needs to support the child. This petition would be served upon the other noncustodial parent. The other parent would then have twenty days to file a paper called an answer. In the answer the other parent would tell the court whether he or she objected to the child support. If the other parent objects, the court would hold a hearing to determine the proper amount of child support.

If the child's parents were not married, the parent having custody of the child should also be able to file a petition with the court asking for child support from the father. This petition would need to include the mother's name, the child's name and date of birth, and state who the father of the child is. The petition should also state which parent has custody of the child and how much money is necessary to support the child. This petition also needs to be served on the other parent, who has twenty days to file an answer. If the other party objects to paying child support the court will have a hearing. The court would first determine whether the person named as the father in the petition is the child's parent. If the court was satisfied he is the parent, then the court would determine the proper amount of child support. As we have seen, the court can order child support in three situations: as a part of a court divorce, when a petition for child support has been filed after a customary divorce, or when a petition for child support has been filed by an unmarried parent. If in any of these situations the noncustodial parent objects to paying child support, the court will hold a hearing to determine the proper amount of support. In determining the amount of child support the court will take into account the cost of raising the child and the parents' ability to pay child support. If the noncustodial parent has a good income, the court would be likely to order higher child support, than in situations where the noncustodial parent is unemployed. However, even an unemployed parent has a duty to support the child. The court might encourage the parent to find a job, or to provide support in the form of food, clothing or land. Child support is usually paid in money, either bi-weekly or once a month until the child's eighteenth birthday. At the conclusion of the hearing, the court will determine the amount of child support and make an order which tells the noncustodial parent how much child support to pay.

If the noncustodial parent does not pay the child support as ordered, the other parent can return to court to enforce the order. They would file a paper called a motion in aid of judgment. This motion would ask the court to order the noncustodial parent to pay the child support. The court would then hold a hearing. At the hearing the custodial parent would first have to show the court the child support was ordered, but was not paid. Then the noncustodial parent would have to explain to the Court why he has not paid the child support. The court would look at the party's ability to pay, such as the amount of income or property he has. If the court finds the party is able to pay, but is purposely not paying, the Court can hold him in contempt of court. If the party continues not to pay, the court can fine the party, or send him to jail for wilfully disobeying a court order. On the other hand, if the court finds the party is trying to pay, but can honestly not afford the amount of child support, the court might temporarily lower the child support or give him a new payment schedule.

If the noncustodial parent is not paying child support, another option is for the other parent to attach the noncustodial parent's property. In this situation, the party would file a motion to attach property and the court would hold a hearing. The court could order the property be sold and the proceeds be applied to the child support obligation. This would only be possible if the noncustodial parent owned property. Only certain kinds of property can be attached and sold, and the court would make sure the attachment was for the correct kinds of property.

It is important to remember that in Palau both parents have a duty to support their children under the constitution. If the parents are divorced, separated, or were never married, the parent with custody of the child can go to court to get an order requiring the other parent to help support the child. If that parent ignores the court's order, and refuses to pay child support, the custodial parent can return to court for help in enforcing the order.