Division and Support

Question 1

What is marital property

Answer 1

property acquired during marriage is marital property unless acquired through gift, bequest, devise, or descent.

Question 2

Gift given to both parties

Answer 2

Court looks at the donors intent

- wedding gifts classified as marital property

Question 3

Spousal Support Considerations

Answer 3

1. standard of living,
2. duration of the marriage,
3. age and physical and emotional conditions of both parties
4. the financial resources of each party,
5. the contribution of each party to the marriage
6. time needed to obtain education or training to enable either party to find appropriate employment
7. ability of the payor spouse to meet his needs.

Question 4

Permanent Support

Answer 4

support to a spouse who has neither the resources nor the ability to be self-sustaining

Question 5

Rehabilitative spousal support

Answer 5

periodic payments for a limited time to enable a spouse to gain skills to become self-supporting

Question 6

Reimbursement spousal support

Answer 6

the spouse who support the other spouse while the latter obtained a professional license or degree

Question 7

Child Support is based on:

Answer 7

child’s monetary need AND obligors ability to pay

- most states have guidelines based on number of children, ages, special needs, and parents income

Question 8

May a court deviate from the child support guidelines

Answer 8

Yes, upon a finding of fact justifying the deviation

Question 9

requirements for common law marriage

Answer 9

(1) capacity
(2) exchange of consent
(3) cohabitation
(4) holding out publicly of living together as spouses

Question 10

for common law marriage what is sufficent holding out

Answer 10

conduct of parties- using last name, opinion join bank account, telling others

Question 11

contracts between unmarried cohabitants will be enforced if:

Answer 11

secual relations are not the only consideration for the contract

Question 12

when a valid marriage is found the court will divide based on

Answer 12

equitable distribution

Question 13

equitable distribution factors

Answer 13

(1) earning capacity of each party/ current incomes
(2) duration of marriage
(3) standard of living
(4) source of money used to purchase marital assets
(5) parties health and needs
(6) custody of minor children
(7) each parties contribution to marriage
8. assets, debts and liabilities
9. needs of the parties
10. whether part has dissipated marital property
11. opportunity to acquire future income

Question 14

property acquired before marriage but paid for after marriage with marital funds

Answer 14

courts will apportion the property between separate and marital interesting proportion to the contribution of separate and marital funds used to pay for the property

Question 15

no fault divorces may be granted upon a showing that:

Answer 15

(1) marriage is irretrievably broken AND

(2) parties have been living separate and apart for a specified time

Question 16

defenses to no fault divorces

Answer 16

none unless proving not irretrievably broken and that parties haven’t been living separate and apart

• one spouses belief is generally insufficient

Question 17

child support is modifiable on:

Answer 17

substantial change in circumstances

Question 18

joint custody

Answer 18

1. fitness of both parents
2. whether parents agree
3. ability to communicate and cooperate
4. child’s preference
5. level of involvement
6. geographical proximity of home
7. similarity or dissimilarity of homes
8. effect on child psychological development
9. ability to carry out order

Question 19

tender years doctrine

Answer 19

grants custody of a yong child to the mother unless she is proven unfit - questionable constitutional validity due to gender bias

Question 20

BIOC factors for custody

Answer 20

1. wishes of the parents
2. wishes of the child
3. interrelationship of the child with his parents, siblings and others
4. childs adjustment to home, school and community
5. menal and physical health of all individuals involved

Question 21

divisible divorce doctrine-

Answer 21

divorce portion valid, but property portion not because of lack of PJ

Question 22

ex parte divorce

Answer 22

one based on the domicile of one spouse without personal jurisdiction over the other

Question 23

spousal support

Answer 23

issue must usually be resolved by a court having personal jurisdiction over the spouse whose property rights are at issue

Question 24

Full faith and credit for child support act

Answer 24

full faith and credit must be given to another court’s child support order if

(1) court had jurisdiction over the matter and parties; AND
(2) parties had reasonable notice and opportunity to be heard

Question 25

Uniform Interstate Family Support Act

Answer 25

UIFSA- once a state with proper jurisdiction issues a support order, court of another state is limited to enforcing UNLESS all parties no longer reside there or written consent

Question 26

standard for awarding custody and visitation

Answer 26

best interest of the child

Question 27

removal of child

Answer 27

substantial, marital change of circumstances warranting modification

Question 28

PKPA- Parental Kidnapping Prevention Act

Answer 28

state may not modify a custody order if one of the parties continues to reside in the issuing state and under that state’s laws the court continues to have and does not decline jurisdiction

Question 29

Uniform Child Custody and jurisdiction Enforcement Act

Answer 29

court that made initial custody determination has continuing, exclusive jurisdiction over the matter until that court determines that:

1. neither the child nor the parents continue to reside in the state OR
2. the child no longer has a significant connection with the state and substantial evidence relating to the child’s care, protection, training, and personal relationship is no longer available in the state.

Question 30

Uniform Interestate Family Support Act

Answer 30

A court that did not render support may serve as initiating tribunal to request the rendering court, that has continuing and exclusive jurisdiction, to enforce or modify the order