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Board Cert > Alimony > Flashcards

Alimony Flashcards

1
Q

Alimony factors pneumonic

A

DIE FACTORS

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2
Q

What are DIE FACTORS

A

Alimony factors

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3
Q

List alimony factors

A

Duration
Income (from all sources)
Earning Capacity

Financial Resources
Age/emotional condition
Contribution to marriage
Tax treatment
Other factors
Responsibilty to children
Standard of living
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4
Q

Evidence needed for alimony findings/factors?

A

Competent, substantial evidence

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5
Q

3 types of marriage lengths

A

Short, moderate, long

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6
Q

What types of alimony are/aren’t avaliable for short term marriages?

A

All types available, but need exceptional circmstances for permanent

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7
Q

What types of alimony are available for moderate term marriages?

A

All types, but need “clear and convincing evidence” for permanent

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8
Q

What types of alimony are available for long-term marriages?

A

All, but rebuttable presumption in favor of permanent

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9
Q

What income counts for alimony?

A

Income from all sources

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10
Q

What factors do you look at when determining whether to impute income to someone?

A

Is lack of employment voluntary AND are they using diligent efforts to get similar paying work?

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11
Q

Factors in how much income to impute?

A

Employment potential

Probable earnings based on work history, qualificaitons, prevailing wages

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12
Q

How much alimony can you impute when looking at earnings history?

A

No higher than what they’ve earned absent special circumstances

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13
Q

Can a court ask you to withdraw from IRA early and take penalties in alimony?

A

Yes

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14
Q

When answering question, remember some assets are income generating from ED.

A

No comment.

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15
Q

What type of alimony: W has kids, kids need in home care, if W goes to work, she won’t earn enough to afford care?

A

Permanent alimony. Must say special or exceptional circumstances if short term, “clear and convincing” if moderate term.

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16
Q

For alimony, do you tax it?

A

Only if pre-2019 agreement and says so

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17
Q

Does adultery matter for alimony?

A

Only if dissipation or has financial impact on recipient

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18
Q

Court awarding alimony. Looks at contributions before marriage. Valid?

A

No, only during marriage

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19
Q

Quote about standard of living?

A

Not a superfactor

Can’t pass from prosperity to misfortune

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20
Q

What to add about standard of living?

A

If both can’t afford, both cut back
Not a super factor
Can’t live beyond means and get alimony

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21
Q

list all forms of alimony

A

BTG, rehab, durational, permanent, lump, temp, nominal

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22
Q

What is purpose of BTG?

A

Assist in transition from being married to single

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23
Q

Things to say about BTG in any answer:

A 
Identifiable short term needs
2 years or less
Terminates on death/remarraige
Nonmodifiable 
Can be prepaid/lump
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24
Q

Does BTG terminate on death or remarriage?

A

Yes

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25
Q

What must court find for BTG?

A

Identifiable, short term needs

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26
Q

Can BTG be in a lump

A

Yes

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27
Q

Is BTG modifiable?

A

NOt at all.

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28
Q

What do you need to put in answer about rehab alimony?

A

Specific rehab plan

Termination date

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29
Q

WHat is point of rehab?

A

Redevelopment of skills or acquistion of skills/education/training

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30
Q

Are living expenses includable in a rehab alimony plan?

A

Can be

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31
Q

What to prove to modify rehab alimony?

A

Yes:
Substantial change
Noncompliacne with plan
Completion of plan

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32
Q

Can rehab turn into another type of alimony?

A

Yes, in modification, upon proper showing

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33
Q

Q: Standard of living is $10k/mo. Rehab alimony will give person $5k a month. Can court order rehab only?

A

No - has to get to marital standard

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34
Q

WHen can rehab alimony become permenant?

A

If rehab plan fails. Focus on reasonable/diligent efforts

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35
Q

Findings to make for durational alimony re: length of marriage

A

Presumed for short/medium, and must say permanent is inappropriate if long term

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36
Q

Does durational alimony terminate on death/remarriage?

A

Yes

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37
Q

Can you modify durational?

A

Amount yes, term ONLY under exceptional circumstances

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38
Q

HOw long can durational be?

A

Not longer than marriage

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39
Q

If awarding permanent alimony, what must yousay?

A

No other type of alimony is appropriate.

Rebuttable presumption for long term

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40
Q

Temproary alimony - waivable?

A

Nope

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41
Q

Undifferentiated support - appeal issue?

A

No, reversible.

42
Q

W is appealing FJDOM. Can she ask for temporary alimony during appeal?

A

Yes, if not being paid

43
Q

Does amount of temp alimony differ from FJ alimony?

A

No vacation or long-range items in temp alimony

44
Q

What is point of nominal alimony?

A

Preserve right to permanent alimony when there is a reasonable expectation of ability to pay in future (think recession)

45
Q

Requirements for LUMP SUM alimony?

A

Must have special circumstances (old ppl, faliure to pay)

Must be affordable

46
Q

Is lump sum alimony terminate on death?

A

No

47
Q

Can you do rehab alimony as a lump sum?

A

Yes.

48
Q

Can you modify rehab alimony if a lump sum?

A

Only if it is paid over time.

49
Q

Is lump sum alimony vested if paid in installments?

A

Yes.

50
Q

What are the steps to impute income?

A

Person who wants alimony establishes her income
Payor rebuts
Is termination of income voluntary?
Were dilingent/bona fide efforts made?
Must show employablility AND avialble jobs

51
Q

Can you impute income to a retired person?

A

No

52
Q

What evidence do you need for need/ability to pay?

A

Competent/substantial

53
Q

What is the standard on appeal for alimony award?

A

Competent, substantial alimony for factors

Abuse of discretion on final decision

54
Q

Temp alimony - available in modification?

A

No (get what you originally got)

55
Q

What are the grounds/standard to modify alimony?

A

Substantial change
Not contemplated at FJDOM
SMIP
(Significant, material, involuntary, permanent)

56
Q

In alimony modification, if change in income is voluntary, what is the test the court looks at?

A

Good faith

1) avoiding alimony by changing job?
2) using good faith to resotre income?

57
Q

What is the Pimm test used for, and what is pneumonic?

A

For voluntary retirement

HAART

58
Q

What should court do if W has unmet needs in an alimony award?

A

Award nominal
OR
Reserve J

59
Q

In modification, do you look at current SOL or SOL during marriage?

A

Needs during marriage

60
Q

Can you modify: H has more ability to pay.

A

No, unless W had unmet needs at trial or W has increased need.

61
Q

What is burden to prove supportive relationship?

A

Preponderance

62
Q

What is HAART and what does it stand for?

A

Test for Pimm/voluntary retirement

Health
Age of person
Age of typical retirement
Reason for retirement
Type of work peformed
63
Q

Can you have a supportive relationship with a relative?

A

No

64
Q

How much income can you impute (Pneumonic)?

A

POP

Probable earnings based on work history
Occupational qualifications
Prevailing community wages

65
Q

What is POP?

A

Test for how much to impute

Probable earnigns based on work history (5 yrs)
Occupational qualifications
Prevailing community wages

66
Q

What is pneumonic for supporive relationships?

A

MRSS JACF

Married (held out)
Reside together (time)
Support (kids, each other)
Services (other, company)

Jointly owned assets
Agreement (express or implied)
Create value/enhance value
Financial interdependence

67
Q

What is MRSS JACF

A

Test for supportive relationship

Married (held out)
Reside together (time)
Support each other/other kids
Services for each other/comapny

Jointly owned assets
Agreement (express/implied)
Create/enhance value
Financial interdependence

68
Q

How to answer alimony questions?

A 
Intro
Burdens
Factors
Apply factors
Details
Length
Type of alimony/presumptions
Standard of living
Imnputation
IDO
Insurance
Temproary
Modification
69
Q

When can you award retroactive alimony and to when?

A

To DOF

If need/ability existed at DOF

70
Q

Can you modify alimony arrearages?

A

no, they are vested

71
Q

Can court put you in contempt for alimony?

A

Yes, if you had ability to pay and it’s your fault you didn’t pay

72
Q

Can appellate court reclassify durational alimony as permanent?

A

Yes, depending on factors/presumptions

73
Q

Alimony is dischargeable in BK. True/false

A

No, can’t discharge

74
Q

If you file for alimony unconnected with divorce, can you get parenting plan?

A

Yes

75
Q

How to suspend profesional license for nonpayment of support?

A

File petition, 30 days to pay, then 30 more days, then suspend
UNLESS
Irreparable harm to employees of biz OR H tried to comply

*last resort

76
Q

Can you file petition for support unconnceted with divorce if H lives in FL? What about GA?

A

Yes, no

77
Q

Is alimony taxable?

A

Yes, if FJ before 12/31/18

78
Q

Lump sum alimony - deductible or no and why/why not?

A

No, because vests immediately and survives death

79
Q

Lump sum alimony - chargeable against estate if payor dies?

A

Yes, survives death

80
Q

Calculate alimony. Net or gross?

A

Use Net to calculate.

81
Q

When do transfers have no capital gains/loss?

A

If between spouses OR incident to divorce

82
Q

What does incident to divorce mean?

A

Within 1 year of marriage ending or related to the end of marriage (6 year soft timeline)

83
Q

If you sell an asset in answer, what must be addressed?

A

Taxes
Insurance
Capital gains/loss

84
Q

When does gift tax apply to divorce?

A

if recipient spouse isn’t US citizen

85
Q

Define FMV

A

Price between buyer/seller with reasonable knowledge of all relevant facts

86
Q

WHAT DO CAPITAL LOSSES DO?

A

CARRY FORWARD

87
Q

What is the D in DIE FACTORS

A

DURATION OF MARRIAGE

88
Q

WHAT IS THE I IN DIE FACTORS

A

INCOME FROM ALL SOURCES

89
Q

WHAT IS THE E IN DIE FACTORS

A

EARNING CAPACITY

90
Q

WHAT IS THE F IN DIE FACTORS

A

FINANCIAL RESOURCES

91
Q

WHAT IS THE A IN DIE FACTORS

A

AGE/EMOTIONAL CONDITION

92
Q

WHAT IS THE C IN DIE FACTORS

A

CONTRIBUTIONS TO MARRIAGE

93
Q

WHAT IS THE T IN DIE FACTORS

A

TAX TREATEMENT

94
Q

WHAT IS THE O IN DIE FACTORS

A

OTHER FACTORS

95
Q

WHAT IS THE R IN DIE FACTORS

A

RESPONSIBILITES TO CHILDREN

96
Q

WHAT IS THE S IN DIE FACTORS

A

STANDARD OF LIVING

97
Q

PNEUMONIC FOR HOW MUCH INCOME TO IMPUTE?

A

PEEP

PROBABLE EARNINGS (work history, qualfications, prevailing wages)
EMPLOYMENT POTENTIAL (aka available job)
98
Q

Court awards permenant alimony. What finding must it make?

A

No other form of alimony is appropriate.

99
Q

How long can rehab alimony go?

A

5 years

100
Q

New law. How to get durational over the percentage (factors) and by what legal standard?

A

Clear and convincing evidence of

1- Age and employability limit self support;
2- Limited financial resources to support;
3- Mental or physical disability limiting support;
4- caregiver to disabled child of the parties

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