Alimony & Support

Question 1

VII. Alimony & Child Support

Answer 1

A. Alimony (Maintenance)

B. Child Support

C. Modification of Alimony or Child Support

D. Enforcement of Awards

Question 2

VII. A. Alimony

Answer 2

1. Traditional Grounds
2. Modern Factors
3. Types
4. Taxation

Question 3

VII. A. 1 Traditional Grounds for Alimony

Answer 3

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

Question 4

VII. A. 2. Modern Factors Considered When determining alimony amount

Answer 4

• 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

Question 5

VII. A. 3. Types of Alimony

Answer 5

• 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
• 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

Question 6

VII. A. 4. Taxes and Alimony

Answer 6

• Alimony payments are included as income for recipient spouse and deductible by the payor spouse
• AND
• Deductible by payor spouse

Question 7

VII. B. Child Support

Answer 7

1. Factors to consider
   
   • Capacity to pay
   • Parental income, Childs needs
2. Jurisdiction over Nonresident spouse= Minimum contacts
   
   • Sex in state that child may have bee conceived.
3. Independent from visitation rights (nonpayment won’t affect visitation)
4. May not be Based on Marital Status of the parents( equal protection)
5. Termination of Duty to support
   
   • Emancipation
   • Termination of parental rights
   • Employable children who disobey reasonable parental commands
   • OR
   • Death of the supporting Parent.
6. Taxation of Child support
   
   • Not included in custodial parents income
   • AND
   • Not deductible by payor parent

Question 8

VII. C. Modification of Alimony or Child Support

Answer 8

1. Alimony= Substantial change in circumstances that significantly reduces
   
   • Needs of recipient
   • OR
   • Ability of payor spouse to pay
2. Child Support= Substantial change in Circumstances that significantly reduces
   
   • Child’s support needed,
   • or
   • Ability to pay
3. Retroactive Modification of Child Support Orders Absolutely Prohibited (under federal law)
   
   • Accrued and Unpaid usually may not be modified

Question 9

VII. D. Enforcement of Awards Alimony or Child Support

Answer 9

1. intrastate Enforcement
   
   • Contempt
   • Judgment against non-conforming party
   • Seizure of Assets & Wage Garnishment
   • Order for payment of Attorney’s fees.
2. 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.