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Statutory presumption refers to a rebuttable or decisive presumption brought about by a statute.

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This is a "rebuttable presumption." This means that with the right evidence, the presumption of innocence can be overcome and a defendant found guilty.

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That's interpretive based on income, extras, and rebuttable presumption.

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After a court order adjustment, barring a successful Rebuttable Presumption.

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Not as a part of the state guidelines, but possibly as a rebuttable presumption

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No, but through the use of rebuttable presumption, a percentage of your income can be used in the calculations. see link

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Not automatically, but can be raised as a rebuttable presumption.

see links

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Aside from a reduction in income, a rebuttable presumption argument can also be used. see links below

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If the man is the higher earner, he will be obligated to pay, depending on related issues, such as a rebuttable presumption. see link below

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In California, under some circumstances, 20% is use. The argument can be made in other states under a rebuttable presumption. see links

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Depends on the amount of the difference and any arguments of rebuttable presumption he may have.

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There are automatic adjustments every two years, but you can file for a modification based on a rebuttable presumption. see link

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No. The only two people involved in the financial support are the parents. Not that the new husband won't end up spending some of his money on the child, but it is not his legal obligation and does not lessen the responsibility of the bio dad.

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Generally no. California does allow for his income to be used in the calculations, but in others states, a rebuttable presumption argument needs to be made.

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Yes, under a rebuttable presumption and through a motion to modify will need to be approved by a judge. see link

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Even if not specifically addressed under the law, federal law provides for such considerations under a rebuttable presumption.

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Depends on the amount of the difference and any arguments of rebuttable presumption he may have.

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In Massachusetts, any source of financial gain is considered. In other states, this would need to be addressed as a rebuttable presumption.

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The correct spelling is "rebuttable."

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Not yet mandatory, but can still be considered by a judge under a rebuttable presumption. Generally, it's limited to 20%.

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This would be considered a rebuttable presumption and is left up to the interpretation of the judge in accepting it as a deductible item. see link below

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the Standard of Care ... - - - - - - Res ipsa loquiter

[Latin, The thing speaks for itself.] A rebuttable presumption or inference that the defendant was negligent, which arises upon proof that the instrumentality or condition causing the injury was in the defendant's exclusive control and that the accident was one that ordinarily does not occur in the absence of Negligence.

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Yes, and it can be increased, but you can ask it to be reduced or stopped using a rebuttable presumption argument. see link

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It's not required under the CS guidelines, but is an option under a Rebuttable Presumption Argument. But, the use of that argument can swing both ways. see links

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Yes, it's called a rebuttable presumption, but it has to be approved by the court, otherwise the obligor can later be ordered to pay up if the obligee changes her mind. see links

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Though, using a rebuttable presumption, a case can be made to the court that he was making an adult decision by being sexually active, and thus should have the personal responsibility of an adult, it is up to a judge as to whether it should happen. I would advise filing for custody, as it's apparent he needs more supervision.

As for him, even if ordered to pay child support, he will have no legal rights to the child until granted them by the court, which is separate from the support. To learn his rights, as well as about a rebuttable presumption, go to Dads House in Yahoo Groups. see link

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It's called a rebuttable presumption, an argument for an adjustment based on evidence that costs not directly related to the child need to be a consideration in setting the amount. However, this is a two way street and can be used by either parent.

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If you have become disable as a result, file for SSD, which includes a separate child benefit check. If you are working, however are faced with rising medical bills, these can be considered in a support modification under a Rebuttable Presumption. see links below

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no

In California, 20% of the income of a new spouse/SO can be used. In Ohio, the difference in "household" incomes can be use in a rebuttable presumption, but both are a two way street.

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Capable of being rebutted.

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This is dependent on individual state laws, and is applicable in most due to the inability to place the same restriction on the obligee parent, whose also required to spend a designated percentage on the child. The argument can be raised as a rebuttable presumption in every state.

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The root word of presumption is "presume." It comes from the Latin word "praesumere," which means "to take for granted."

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There was a presumption of innocence as the jurors entered the courtroom.

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It would have no affect as regards the primary amount paid by the obligor, but it would affect any extras, such as day care, so it could be presented as a rebuttable presumption. see links

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In all states, the only upper limit is 55% of gross as set under federal law. The guidelines do have an maximum amount, but not a limit. After a certain level of income is achieved, the interpretation of the court is required based on a rebuttable presumption.

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This is primarily based on state laws. California allows for this provision in their child support guidelines, but in other states the argument can be presented as a part of a rebuttable presumption if not specifically excluded by law. Massachusetts has this restriction. But, this argument to also applicable on the residential parent for a reduction hearing. see link

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That is not the deciding factor. There must be a projected difference of 20% in the payment amount to initiate a modification. This can be achieved by the entry of evidence that more money is needed due to a rebuttable presumption, such as increased day care expenses. see links below for additional help

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Depending on the state, up to 20% (California) of your income can be used in the calculations, BUT........

SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.

(A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b)

of the Social Security Act is amended-

(1) by inserting (1) after (b):

(2) by striking, "but need not be binding upon such judges or other officials;" and

(3) by adding at the end the following new paragraph:

(4) "There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case."

If you want to learn how to do all this go to Dads House in Yahoo Groups. When you join, you'll receive a link to an educational manual that will teach you what you need to know. Take the time to learn what you can and should do

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First, you need to know that the child support guidelines are not set in stone. There is a Rebuttable Presumption.

1988 Public Law Record

SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.

(A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b)

of the Social Security Act is amended-

(1) by inserting (1) after (b):

(2) by striking, "but need not be binding upon such judges or other officials;" and

(3) by adding at the end the following new paragraph:

(4) "There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case."

Using a Rebuttable Presumption argument is not something that can easily be done Pro Se, so you will need to determine if the cost of an attorney to plead the case is going to run more than any savings from a reduction.

In ascertaining whether you have a possibility of an adjustment, based on a valid reduction of income, you might check your state's web site for a Child Support Calculator. A minimum of 20% change in the payment if considered a Change of Circumstance to warrant a filing. See link below.

If your state doesn't have a web site for this, You will need to get a copy of the Child Support Guidelines & Worksheet to do the calculations, and for the filing.

If you determine a need to for a modification, and you are current in your support, you can an official request for a modification at the Child Support Enforcement Officeunder the provisions of Public Law 12.

If there are arrears, contact the Clerk of the Court and request forms for filing for a modification Pro Se and follow the directions for filing.

NEVER pay your child support directly to the mother as it can be considered a gift and not Child Support. Always pay threw the court.

If you want to learn how to do all this go to Dads House in Yahoo Groups. When you join, you'll receive a link to an educational manual that will teach you what you need to know. Take the time to learn what you can and should do.

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The cast of Presumption - 2012 includes: Grace Oliver as Girl Jordan Stratton as Guy

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Presumption has more than one meaning. Here are two examples:

It is the ultimate presumption [arrogance] to assert that any one group of people is inherently superior to any other.

The presumption [belief] that God exists is more difficult to dispute on a starry night.

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The cast of Presumption - 2010 includes: Charles Kirk as Farmer - Old man Seth Kurk as Michael - White shirt

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