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Definition Breach of Duty - a party’s failure or disregard of a lawful or ethical duty.
Application in Divorce The most common breach of duty that exists in the spectrum of divorce is the failure of paying child support. Every parent has a duty, by law, to support his or her children financially, as well as emotionally. Whether child support is ordered through the court or not, failure to care for a child is considered a breach of duty. This type of breach of duty is never looked fondly upon by the courts.

See also Duty.

Questions & Answers
Helpful Tips & Facts
  1. Breaching the Duty of Paying Child Support
    If you are the obligor (paying parent) of a support order and are having difficulties paying the monthly support payments, you should be proactive and address the situation by explaining this to both the obligee (receiving parent) and the support enforcement office that oversees the payments. Neglecting the issue and simple not paying will haunt you down the road.
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