Alimony & Support Flashcards
1
Q
VII. Alimony & Child Support
A
A. Alimony (Maintenance)
B. Child Support
C. Modification of Alimony or Child Support
D. Enforcement of Awards
2
Q
VII. A. Alimony
A
- Traditional Grounds
- Modern Factors
- Types
- Taxation
3
Q
VII. A. 1 Traditional Grounds for Alimony
A
A court may grant for either spouse if it finds that either:
Lacks sufficient property to provide for her reasonable needs
AND
Unable to Support Herself Through Appropriate Employment
4
Q
VII. A. 2. Modern Factors Considered When determining alimony amount
A
- Duration of marriage
- Standard of living during marriage
- Age of parties
- Physical and mental condition of parties
- Contribution of each party to the marriage (negative and positive)
- Employability
- Ability to meet needs
BUT
- Fault NOT considered
- Gender Neutral
5
Q
VII. A. 3. Types of Alimony
A
- Permanent periodic Spousal Support= paid regularly for life
- Modifiable upon substantial change in circumstances
- Termination= death of either party or Remarriage of recipient
- annulment= no marriage, no support
- Annulment of subsequent marriage= some courts allow revival
- Modernly= No Revival approach
- annulment= no marriage, no support
- Lump Sum
- no modifiable
- Survives death of either
- Rehabilitative spousal support= paid for limited time to rehabilitate spouse (job or education)
- Reimbursement spousal support= all at once or in payments
- not modifiable
- Survives Death
6
Q
VII. A. 4. Taxes and Alimony
A
- Alimony payments are included as income for recipient spouse and deductible by the payor spouse
- AND
- Deductible by payor spouse
7
Q
VII. B. Child Support
A
- Factors to consider
- Capacity to pay
- Parental income, Childs needs
- Jurisdiction over Nonresident spouse= Minimum contacts
- Sex in state that child may have bee conceived.
- Independent from visitation rights (nonpayment won’t affect visitation)
- May not be Based on Marital Status of the parents( equal protection)
- Termination of Duty to support
- Emancipation
- Termination of parental rights
- Employable children who disobey reasonable parental commands
- OR
- Death of the supporting Parent.
- Taxation of Child support
- Not included in custodial parents income
- AND
- Not deductible by payor parent
8
Q
VII. C. Modification of Alimony or Child Support
A
- Alimony= Substantial change in circumstances that significantly reduces
- Needs of recipient
- OR
- Ability of payor spouse to pay
- Child Support= Substantial change in Circumstances that significantly reduces
- Child’s support needed,
- or
- Ability to pay
- Retroactive Modification of Child Support Orders Absolutely Prohibited (under federal law)
- Accrued and Unpaid usually may not be modified
9
Q
VII. D. Enforcement of Awards Alimony or Child Support
A
- intrastate Enforcement
- Contempt
- Judgment against non-conforming party
- Seizure of Assets & Wage Garnishment
- Order for payment of Attorney’s fees.
- Interstate Enforcement= Gvoerned by UIFSA
- Methods
- Registration of Support order
- Mailed to Enforcement Agency in Obligors state or employer
- Modification of support order by Non-issuing Court= No Allowed unless:
- No parties still in state
- Or
- Parties Consent in Record to Non-issuing Jurisdiction
- Retroactive Modification of Child Support Orders Absolutely Prohibited.
- Methods