Child & Spousal Support

Question 1

Spousal Support - Definition

Answer 1

The obligation of one party to provide the other with financial support

Question 2

Spousal Support - Factors

Answer 2

Financial resources of both parties
Standard or living DURING marriage
Time for receiving spouse to find employment
Length of marriage
Contributions to marriage
Age and health if both parties
Marital misconduct (SOME states)

Question 3

Types of Spousal Support

Answer 3

Permanent alimony
Limited-duration alimony
Rehabilitative support
Reimbursement alimony to

Question 4

Permanent Alimony

Answer 4

Remainder of the dependent spouses life

Generally only appropriate after long marriage

Question 5

Limited-Duration Alimony

Answer 5

Typically awarded when marriage was of short duration

Question 6

Rehabilitative Support

Answer 6

Limited period of time (ex. Until the spouse received education or employment)

Question 7

Reimbursement Alimony

Answer 7

Compensates a spouse for financial sacrifices made DURING the marriage that resulted in a reduced standard of living to secure an enhanced standard of living in the future

• one spouse works to support other spouses higher education

Question 8

Modification of Support

Answer 8

Can be modified

Req: the party seeking modification has the burden of establishing a SIGNIFICANT CHANGE IN CIRCUMSTANCES that warrants the modification

Question 9

Reduction in income

Answer 9

Voluntary reduction generally will not reduce support payments

Question 10

New obligations (remarriage of paying spouse)

Answer 10

A court can co sided new obligations that arise for the spouse who IS paying support

Question 11

Remarriage of receiving spouse

Answer 11

Most jurisdictions - spousal support MAY be terminated if receiving spouse remarried

Question 12

Support during marriage

Answer 12

Spouses have a duty to support each other EQUALLY under family expense statutes (most jurisdictions)

If a creditor provides a “necessary” item (medical care) to one spouse, creditor can sue the other spouse for payment IF the purchasing spouse does not pay

Question 13

Divisible (Ex Parte) Divorce

Answer 13

Generally, a court must have SMJ and PJ

BUT, a state court may grant a divorce to ONE spouse, even if a court does not have PJ over the other spouse
**No PJ, state CANNOT address property division, spousal support, or child support

Question 14

Child’s Right to Support

Answer 14

both parents are legally required to support their minor children

Cannot bargain away child-support payments

Question 15

UIFSA

Answer 15

Uniform Interstate Family Support Act

governs when a stat has PJ over an out-of-state parent in an action to est or enforce child support or est. paternity

PJ Est:

• personally serviced w/in the state
• consents to jurisdiction
• resided w/the child in the state in the past
• engaged in sexual intercourse in the state AND the child MAY have been conceived by the act of intercourse

Question 16

Amount of Child Support Approaches

Answer 16

1. Based on income received by the obligor (paying) parent

2. income-shares model - uses the combined net income of BOTH parents to determine the child support amount

Question 17

Child Support Amount Factors

Answer 17

• Parent income
• Best interest of the child
• Age
• Special needs
• Assets of both parties
• Standard of living during the marriage

** These factors are considered when there is a deviation. All states have guidelines, but there is a rebuttable presumption.

Question 18

Modification of Child Support - When allowed

Answer 18

Modification permissible when there is a substantial change in circumstances regarding

1. the child’s needs or
2. the parents’ financial situation

Question 19

Modification of Child Support - Burden

Answer 19

Burden is on the party seeking the modification - burden of showing a substantial change in circumstances

Question 20

Child Support Modification - Potential Circumstances?

Answer 20

1. parent’s change in occupation
2. remarriage of a parent
3. increase in income of either parent
4. involuntary decrease in income by either parent

Question 21

Modification of Child Support - Results

Answer 21

Only modifies prospective payments, will NOT reduce amount retroactively

Question 22

Termination of Child Support

Answer 22

Usually ends at age of majority (typically 18)

Some jurisdictions have authority to order support beyond the age of majority when the child is in college

Question 23

Reasonable parental demands

Answer 23

an employable child’s right to support is contingent on compliance w/reasonable parental demands

An employable child who fails to comply, even if attending college, risks loss of parental support

Question 24

Jurisdiction over existing child support obligations - modification

Answer 24

UIFSA - state that issued the initial child support order has continuing EXCLUSIVE jurisdiction to modify the child support order

Exceptions

1. parties and the child no longer reside in the state
2. parties expressly agree to permit another state to exercise jurisdiction

Question 25

Jurisdiction over existing child support - enforcement

Answer 25

UIFSA - receiving parent MAY register a child support order from one state in another non-issuing state

the non-issuing state can then enforce the support order