Essay Flashcards
What is Rehabilitative Support?
rehabilitative:使恢复正常生活的
For a limited time to help the spouse re-establish themselves. To help improve their earring capacity so they can become independent.
Eg: Until the spouse receives education or employment.
What is Reimbursement Alimony
reimbursement: 补偿
Compensate 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.
Eg: One went to law school, one did not pursue a high degree during marriage in order to support the other.
What is divisible divorce? How will the court deal with it?
Divisible divorce is a situation where two spouse reside in two different states, where one spouse meet the residency requirement. The spouse want to divorce in that state but the state only have personal jurisdiction over him/her.
In that scenario, the court can grant divorce for the spouse, but the court does not have jurisdiction to address property division, spousal support, child support.
What is the ground to modify spouse support and child support?
Substantial change in circumstance.
What is legal custody?
The right of a parent to make major decisions regarding the child.
What is physical custody?
The right to have the child reside with a parent or guardian and the obligation to provide for routine daily care and control of the child.
What is joint custody?
Both parents share the duties. Both parents are willing and able to cooperate with respect to the wellbeing of the child. Neither has a superior right to make major decision.
What does the UCCJEA stand for? And it purpose?
Prevent jurisdiction disputes with courts on matters of custody and visitation.
UCCJEA: Uniform Child Custody Jurisdiction and Enforcement Act.
What is the order to determine which court has the jurisdiction over child custody?
First: Home-State (resides for 6 months)
Second: Significant-Connection Jurisdiction (child and one parent still there)
Third: Default Jurisdiction (appropriate connections)
What are the requirements of premarital agreements?
Full disclosure, Fair and Reasonable, Voluntary, Writing, Signed.
What are the differences between separation agreement and property settlement?
The range of how much the agreement can cover is different.
For Separation Agreement, it can be used to decide property division, child support, spousal maintenance, custody, visitation, etc.
The Property Settlement Agreements is used to settle the economic issues of the marital estate.
Retroactive
可追溯的
child support which is overdue, even was decreased later, the overdue child support cannot be reduced. Child support is not retroactive.
不可挽回的
irretrievably broken
Connivance
纵容
Condonation
宽恕
