Family

Question 1

Property Division at Divorce

Answer 1

Done through an equitable division of the assets.
1. Classify assets (comm or sep)
2. Separate Prop: owned before marriage, gifts to spouse during marriage in their name only, prop spouses agree to be SP, personal injury award, appreciation of value of any of the above.
3. Comm Prop: prop aquired during marriage, gifts made in contemplation of marriage, vested intangibles, value of professional license quired during marriage

Considerations at division: loss of insurance, loss of inheritance rts, duration of marriage; education, incomes, earning capacity;

Question 2

Child Custody: Best Interests

Answer 2

1. Keeping kids together
2. Child’s desires
3. both spouses marital and living situation
4. education and financial position of parents
5. health of parties
6. history of domestic violence

Question 3

Premarital Contracts

Answer 3

K in contemplation of marriage - economic matters if marriage fails. Governed by Uniform Premarital Agreement Act.

Reqs: 1.freely made 2. in writing and 3. signed by both parties 4. full financial disclosures 5. fair and reasonable economic provisions.

Question 4

Marital Action Jurisdiction

Answer 4

SMJ: State where moving spouse is domiciled. Look to domicile for at least 90 days.

PJ: PJ over D required for collateral orders (alimony, child support)

FFC: FFC given if spouse id domiciled in issuing JX.

Question 5

Common Law Marriage

Answer 5

Consenting parties with capacity, evidenced by cohabitation, and holding out as husband in wife in public.

Question 6

Modification of Child Support

Answer 6

May seek mod if substantial change in financial situation, child care costs, age of child, relative income.

Question 7

Modification of Child Custody

Answer 7

May be modified or reassessed if substantial change in financial situation, child care costs, age of child, relative income. Must prove substantial change of moving party.

Question 8

Modification of Spousal Support

Answer 8

Allowed but must show substantial change in circumstances BUT if maintenance provided for in separation agmt, must show extreme hardship. Modification only prospective, no arrears

Question 9

Child Support Calculation

Answer 9

Calculated based upon percentage on income and number of children

Question 10

Establishing Paternity/Legitimation

Answer 10

Father of non-marital child may use DNA to prove paternity.

Suit may be brought by other parent, child or state to establish duty of support. Paternity must be proved by clear and convincing evidence.