Divorce - Spousal Support Flashcards
1
Q
What is regard to be disclosed when support is in issue?
A
- compulsory financial disclosure by both parties
2
Q
What does the ct take into account to award maintenance?
A
- income & property of respective ptys
- duration of marriage
- present & future earning capacity
- ability to become self-supporting
- reduced/lost lifetime earning capacity
- presence of children in the respective home
- tax liability
- contributions of the spouse seeking maintence
- wasteful disappation
- transfer incumbrances
- everything else
3
Q
Can courts consider fault in a maintenance award?
A
- Yes
- But a finding of marital misconduct by the needing spouse does not preclude an award
4
Q
What are the grounds for modifying maintenance?
A
- substantial change in circumstances
- either may move for it
- substial change
- decline in payors income due to no fault
- payor quit
- person willfully commits a felony subjecting him to prison
- pty income has not changed but you have new spouse & children does not count
- change in custody of the children
- reduction in income outside the control of the payor
- loss of employment where the payor has diligent sought other work
5
Q
What are grounds for termination of spousal support?
A
1.