Chp 10: Spousal Support Flashcards
Which of the following is an accurate statement about the role of fault in alimony awards?
Some states consider fault as a factor for the court’s consideration.
Exp: More than half of the states include marital fault as a factor for a court’s consideration, in at least some situations. Charts, 51 Fam. L.Q. 543, 544–46 (2018).
Alma and Ricardo were married for 28 years before their marriage ended in divorce. Alma is 53, and Ricardo is 56. During the marriage, Alma managed the household and was the primary caretaker for their three children. Alma is a college graduate who worked in retail before leaving the workforce when their first child was born, Ricardo is a lawyer who, during the marriage, attended night school to get his legal degree. Ricardo’s annual income is now $250,000. Shortly before they divorced, Alma returned to work part-time as a salesperson at a local warehouse store, and earns about $18,000/year. Alma’s lawyer has argued that the parties’ income should be equalized through an alimony award.
What is a court likely to do?
Consider the wife’s reasonable need rather than equalize the income.
Exp: Courts typically consider the recipient spouse’s reasonable needs to determine the amount of an alimony award. E.g., Uniform Marriage & Divorce Act § 308.
Verna and Walter married twenty years ago, and were divorced two years ago because Verna fell in love with Karen. The decree awarded Verna spousal support of $2500 per month for a period of ten years. Earlier this year, Verna moved in with Karen, and Walter filed a motion to terminate support payments.
In most states, the trial court is likely to:
Grant Walter’s motion because spousal support terminates upon remarriage or cohabitation.
Exp: Most states terminate alimony upon cohabitation or remarriage by statute. See, e.g., Principles of the Law of Family Dissolution § 5.09 (2002).
The divorce decree for James and Lucy requires James to pay spousal support to Lucy of $500 per month for ten years.
Which of the following is accurate in most jurisdictions?
In the absence of an agreement to the contrary, if James becomes involuntarily unemployed during the ten-year period, and James files for modification the following month, James will be able to obtain a retroactive modification to the date of filing.
Exp: Typically, modification is retroactive only to the date of filing, not to the date of the actual change in circumstances.
State X has not revised its alimony laws in 40 years. To keep up with the rest of the country, it is considering the modernization of its alimony statute. Which of the following is inaccurate about how other jurisdictions are approaching alimony award?
Some jurisdictions are developing guidelines based on the number of children.
Exp: The number of children is relevant to child support, not to alimony awards.
Shrek and Fiona were married for twenty-five years. When they divorced last year, Shrek was responsible for paying alimony to Fiona. Earlier this year, Shrek made a movie deal that has resulted in a large increase in his income for the next three years.
Which of the following is an accurate statement of whether Fiona is likely to be successful in an action to modify Shrek’s alimony obligations?
She may be successful. A substantial change in the obligor’s income is relevant, even if the recipient’s needs have not changed.
Exp: A substantial change in circumstances of either party is relevant to a motion to modify. E.g., Conn. Gen. Stat. § 46b-86 (2019). The obligor’s increased income may, under certain circumstances, justify a modification. E.g., Dan v. Dan, 105 A.3d 118, 124 (Conn. 2014).
Cindy and Daniel were married fifteen years ago, just after Daniel graduated from law school, and while Cindy was in medical school. Cindy became pregnant shortly after they married, and took a leave from medical school. They divorced last year, when their children were 14 and 12. Daniel was ordered to pay general alimony to Cindy.
Upon which of the following events can Daniel bring a motion to modify?
Cindy, who started medical school after the divorce, has now graduated from medical school.
Exp: Alimony modification is generally permissible based on a substantial and material change in circumstances. Cindy’s ability to support herself is a potential change in circumstances that could be substantial enough to support a modification.
Terry and Gerry’s 16-year marriage was dissolved, and the court ordered Terry to pay $500 per month in alimony for eight years. At the time of the divorce, Terry worked as an appliance store manager, earning about $30 per hour. Terry left this position a year after the divorce, because Terry did not like the new management at corporate headquarters. Terry found a second job as a sales manager at a sporting goods store, but left after a few months because Terry did not like the merchandise. Terry has filed a motion for a reduction in alimony.
How is a court most likely to respond?
A court is unlikely to grant the reduction because the court will impute income to the obligor equivalent to the income the obligor earned at the prior job.
Exp: A voluntary act of the obligor is typically not an adequate basis for modification. Courts look at the obligor’s income-earning ability, not actual income. See Richard E. Crouch, Family Law Checklists, § 6:37 (2019) (legal principles for modification and termination).
Gina and Harry are divorcing. Harry will pay Gina alimony, although the parties are still determining the full financial consequences of those alimony payments.
Which of the following is an accurate statement of the tax consequences of their alimony arrangement?
Harry is not entitled to a deduction for the amount he pays in alimony, and the alimony payments will not be treated as income to Gina, on which taxes would be due.
Exp: Alimony is not deductible from the payor’s income, and is not treated as income to the payee. See Tyler Hardcastle & Margaret Ryznar, Reconsidering the Tax Treatment of Alimony, 162 Tax Notes 299–300 (2019).
Camden and Finley were married in State J. When they decided to divorce, Finley moved to State Z. Finley consulted a lawyer 6 months after the move to discuss divorce options. Finley would like to resolve issues involved in the divorce—obtaining the divorce decree, resolving property distribution, and establishing alimony rights—in one action.
What advice should the lawyer give Finley about whether this is possible?
Finley can secure a divorce decree in State Z even if State Z does not obtain personal jurisdiction over Camden.
Exp: Under the doctrine of divisible divorce, a state can issue a divorce decree without personal jurisdiction over both parties, provided that one spouse is domiciled in the state but cannot resolve property-related issues unless it has jurisdiction over the absent spouse. Williams v. North Carolina (Williams I), 317 U.S. 287 (1942).
